Performance

• Discharge of contract - contract comes to an end
• Both parties have done their side
• Cutter v powell

  crew member died mid voyage

  wife entitled to no owed wages

  performance not completed
• Re Moore & co v landaeur & co

  agreement for 30 tin case sale of 3000

  had 3000 but only 24 cases

  not completed exact performance
• time of performance

  not usually enough

  union eagle v golden achievement - perishable goods, time of performance critical
• Prevention of performance

  planche v colburn - author entitled to payment - prevented from carrying out contract
• Accepted part performance

  sumpter v hedges - d had to pay for materials, had no choice but to finish
• Divisible contracts

  Ritchie v Atkinson - entitled to cargo he did deliver
• Substantial performance

  only use if not entire contract

  dakin v lee - paid for work minus what it cost to re-do some bits

  bolton v mahadeva - 69% complete, not substantial, entitled to no money
• Remedy

  damages

  repudiation

  specific performance - court orders job to be finished

  quantum meruit - payment for work Done