Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
19 Cards in this Set
- Front
- Back
what are the 4 ways a contract can end |
by performance by agreement by breach by frustration |
|
what are the differences between vitiating factors and the discharge of a contract |
vitiating factors make a contract invalid whereas discharge of a contract is about processed tht end a valid contract |
|
what is discharge of a contract |
contract is valid but ends because it is performed, breached of frustrated |
|
whats the key question when looking at discharge by performancd |
what is considered as satisfactory performance of a contract that ends a contract |
|
whats the basic rule for discharge by performance |
performance must be precise and exact if theres a slight deviation from the terms, the inno party may claim a right to remedy |
|
what case shows a strict applicatiom of the principle of the performance must be precise and exact |
Arcos Ltd v EA Ronaasen & Son |
|
what case says the performance of the contract cannot be partial if looking to claim discharge by performance |
Cutter v Powell |
|
what case says the performance cannot be partial rule will not apply if a contract is divisible |
Bolton v Mahadeva |
|
what case says the performance cannot be partial rule will not apply if partial performance is accepted |
Christy v Row |
|
what are contracting parties free to do |
free to enter and end contracts |
|
what case says the performance cannot be partial rule will not apply if a party performed a contract substatially |
H Dakin & Co Ltd v Lee |
|
what does Romer LJ say in Hoening v Isaacs |
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 |
|
whats a problem with Bolton v Mahadeva and the doctrine of substantial performance |
difficult to establish that the contract was performed substantially |
|
what does substantial performance of a contract depend on |
the nature of a contract as well as the circumstances of a particular case |
|
which cade says the Cutter rule wont apply if a party is wrongly prevented from a performance of a contract |
Planche v Colburn |
|
what do the courts say about the time of performance of a contract |
time isnt of essence unless parties explicitly agree so |
|
what statutory law also says time is not of essence unless explicitly agreed so |
s41 law of property act s10 sale of goods act |
|
what does s28 of the CRA about timing of a performance |
unless explicitly agreed otherwise trader must deliver goods not more than 30 days after the day the contract was entered into |
|
how can parties of a contract terminate the contract |
via mutual agreement |