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15 Cards in this Set
- Front
- Back
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What are the ways a contract may be discharged? |
Performance Agreement Breach Frustration |
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A party will be discharged from his obligation if he completely and precisely performs his obligations. (Give Case) |
Cutter v Powell |
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Cutter v Powell laid out the rule that you have to fulfil your complete contractual obligation to discharge the contract by performance. There are 4 exceptions to this, which are: |
1.The doctrine of substantial performance 2.Acceptance of performance 3.Incomplete performance due to the other party 4.Severable contracts |
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A person who has performed his or her obligations SUBSTANTIALLY is entitled to payment of the contract price, minus a deduction for the defect in the performance. (Give Case) |
Hoenig v Isaacs |
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If you have not performed your contractual obligation SUBSTANTIALLY then you won't be entitled to consideration |
Bolton v Mahadeva |
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If the other party chooses to accept partial performance, then the contract is properly discharged (Give Case) |
Sumpter v Hedges |
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If one party prevents the other from completing the contract, that failure to complete cannot be breach of contract and the innocent party is entitled to payment for partial performance. (Give Case) |
Planche v Colburn |
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What is an anticipatory breach? (Give Case Also) |
Breach before the due date for performance
W & C v McGregor |
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What is frustration? |
Frustration occurs when performance is rendered impossible. It autmotically brings the contract to an end. |
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If a contract was legal at the time it was made but then subsequently becomes illegal, it will be frustrated (Give Case) |
W & C v Carbus Bay Garage |
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If a contract is for personal services, death or incapacity of the person will frustrate the contract (Give 2 Case) |
Robinson v Davison Morgan v Manser |
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If the subject matter of the contract is destroyed between the start of the contract and the time for performance then the contract is frustrated. (Give Case) |
Taylor v Caldwell |
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If the purpose of entering the contract changes radically and is impossible then the contract us deemed to have been frustrated (Give 2 Case) |
Krell v Henry Herne Bay Steamboat v Hutton |
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The doctrine of frustration may be applied to leases, but only if a substantial proportion of the purpose of the lease is affected. (Give Case) |
National Carriers v Panalpina |
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What are the effects of frustration on contract? |
A void contract A voidable contract a breach of condition |
