Discharge Of Contract By Performance

Front 1

what are the 4 ways a contract can end

Back 1

by performance

by agreement

by breach

by frustration

Front 2

what are the differences between vitiating factors and the discharge of a contract

Back 2

vitiating factors make a contract invalid whereas discharge of a contract is about processed tht end a valid contract

Front 3

what is discharge of a contract

Back 3

contract is valid but ends because it is performed, breached of frustrated

Front 4

whats the key question when looking at discharge by performancd

Back 4

what is considered as satisfactory performance of a contract that ends a contract

Front 5

whats the basic rule for discharge by performance

Back 5

performance must be precise and exact

if theres a slight deviation from the terms, the inno party may claim a right to remedy

Front 6

what case shows a strict applicatiom of the principle of the performance must be precise and exact

Back 6

Arcos Ltd v EA Ronaasen & Son

Front 7

what case says the performance of the contract cannot be partial if looking to claim discharge by performance

Back 7

Cutter v Powell

Front 8

what case says the performance cannot be partial rule will not apply if a contract is divisible

Back 8

Bolton v Mahadeva

Front 9

what case says the performance cannot be partial rule will not apply if partial performance is accepted

Back 9

Christy v Row

Front 10

what are contracting parties free to do

Back 10

free to enter and end contracts

Front 11

what case says the performance cannot be partial rule will not apply if a party performed a contract substatially

Back 11

H Dakin & Co Ltd v Lee

Front 12

what does Romer LJ say in Hoening v Isaacs

Back 12

its more equitable to allow a man that has performed his contract (with minor defects) to qualify under the H Dakin & Co Ltd v Lee principle that deprive his wholly of his contractual rights

Front 13

whats a problem with Bolton v Mahadeva and the doctrine of substantial performance

Back 13

difficult to establish that the contract was performed substantially

Front 14

what does substantial performance of a contract depend on

Back 14

the nature of a contract as well as the circumstances of a particular case

Front 15

which cade says the Cutter rule wont apply if a party is wrongly prevented from a performance of a contract

Back 15

Planche v Colburn

Front 16

what do the courts say about the time of performance of a contract

Back 16

time isnt of essence unless parties explicitly agree so

Front 17

what statutory law also says time is not of essence unless explicitly agreed so

Back 17

s41 law of property act

s10 sale of goods act

Front 18

what does s28 of the CRA about timing of a performance

Back 18

unless explicitly agreed otherwise trader must deliver goods not more than 30 days after the day the contract was entered into

Front 19

how can parties of a contract terminate the contract

Back 19

via mutual agreement