Performance

• what is performance


  Where obligations of the contract have been carried out, yet despite the contract being discharged the area is complicated as a party may not have completed all the obligations
• Strict common rule


  Unless a party has fully performed their part of the contract, then hey have no right to payment. Must be exact and complete. Strict rule illustrated in Cutter V Powell and applied in RE: Moore and Landauer. If contracts = entire then all the obligations under it must be carried out
• What are the exceptions created under equity

  Substantial performance (Hoeing V Issacs, Bolton V Mahadeva), part performance (Sumpter V Hedges), preventing performance (Planche V Colburn), divisible contracts (Ritchie V Atkinson) and timing of performance (Union Eagle V Golden Achievement and Charles Richard V Oppenheimer)
• Stipulations as to time 


  stipulations as to time of performance are warranties - not conditions. But there are 3 exceptions to this general rule where 'time is of the essence' and therefore a condition: when an express term is specified (Union Eagle V Golden Achievement), surrounding circumstances and where no time specified, work incomplete so C provides new deadline (Charles Rickard V Oppenheimer)
• Prevention from performance 


  Payment will be made for the work completed, the claimant may also sue for breaching the contract for being unable to perform (Planche V Colburn)
• Divisible Contracts 


  Payment can be made for separate parts, if each part can be enforced separately then it can be discharged separately (Ritchie V Atkinson)
• Substantial Performance 


  if the contract was substantially performed then payment is recoverable, payment in this case if for the work completed in all 'essential respects'. Payment is made on a 'quantum meruit' basis. Substantial is a question of fact, decided on a case by case basis (Hoeing V Issacs and Bolton V Mahadeva)
• Past performance 


  if party accepts past performance there must be a genuine acceptance by both parties for payment (Sumpter V Hedges)