performance

• performance

  both parties agree - and done what meant to do

  - Re Moore and Landauer Co.’s - must be complete and accurate

  divisible contract - separate parts, non-completion of one part is not a breach of the whole contract.- Ritchie v Atkinson
• substantial performance

  - party has done substantially what was required under the contract then the doctrine of substantial performance may apply.

   - must be payment amount appropriate to what has been done

  does not apply where the contract is considered to be an entire contract where all of the obligations in the contract are seen as a single transaction that cannot be broken down, as in Cutter v Powell-

  -large contracts where little things weren’t done- Dakin and Co. v Lee

  • Hoenig v Isaacs-no specific percentage of completion- Quantum meruit-as much as he has earned
• prevention of full performance


  If one party prevents the other from carrying out his contract, then the innocent party can claim to be paid on a quantum meruit basis- Planche v Colburn
• acceptance of part performance

  one party has agreed the other party need not complete the entire contract then the contract must be paid for on a quantum meruit

  consent must be in the form of a specific acknowledgement that the defaulting party is entitled to be paid for what they have completed so far and the agreement was made without undue pressure

  • innocent party has no option but to take the benefit of the work done, this is not considered consent to part-performance- Sumpter v Hedges
• The effect of a term as to time for performance of a contract pt1

  Time is expressly stated in the contract

  -Circumstances it is critical

  -After failure a new date is set

  If it’s a condition term of the contract the remedy is…. Termination or repudation-so if all factors then there is a condition

  • If none of those factors apply, then the time for performance is treated as a warranty rather than a condition. If it’s a warranty term of the contract the remedy is recigion-damages at judge discretion-Charles Rickards Ltd v Oppenheim
• the effects of a term as to time for performance of a contract pt2

  -Section 52 of the Consumer Rights Act 2015- If the contract does not expressly fix time for the service to be performed, and does not say how it is to be fixed, then the contract is to be treated as including a term that the trader must perform the service within a reasonable time