Performance

• There should be exact and complete performance of all obligations under the contract.

  Moore and Landauer.
• Cutter v Powell: There is no payment for performance.
• There are exceptions to the general performance rule:

  1. Tender of performance
  2. Severable contracts
  3. Substantial performance
  4. Acceptance of part performance
  5. Delayed performance
• Tender of Performance


  A party can sue for damages where his performance has been prevented by the other party: Planche v Colborn.

  OR

  Where he has offered to perform but this has been refused: Startup v MacDonald
• Severable Contracts

  If obligations are divisible then payment should be made for the part performed: Richie v Atkinson
• Substantial Performance

  Contract has been performed but there are some minor flaws or omissions: Hoenig v Issacs.
• Acceptance of Part Performance


  Party has accepted part-performance and this should be paid for: Sumpter v Hedges
• Delayed Performance

  A term including the time will be a condition if:

  1. The parties has expressly said that time is important
  2. Circumstances say time is important
  3. One party failed to complete it and the other party insisted on a new completion date