action for debt

Action for debt is …

A common law remedy

It is …

kinda like specific performance. It a remedy for the primary obligation to pay.

Factors must consider - Must be due

1) The money must actually be due. Typically in a contrcct moon yes due once C completes contractual obligations.

• The courts have taken the threshold od substantial performance - Hoening v Isaacs.

Factors must consider - co operation

A lot of the time, C cannot complete work without D’s co operation. In this case, there is no substantial performance and C cannot claim for action of debt, must rely on claim for damages instead.

Factors to cosndierr - Legitimate interest

If a party repudiates a contract, innocent party can either:

1) accept and sue in breach for damages

2) reject the repudiation and carry out the contract as normal

The second can only be done IF there is a legitimate interest in choosing to perform the contract than just seeking damages. - this is an equitable limit Lord Reid

Affirmed in White and Carter v McGregor