OCR A-Level Law: Contract Law - Discharge by Performance

Cutter v Powell

general rule of performance - you must do what you promised to do other wise you will be entitled to nothing

C didn’t complete voyage so not entitled to wages

Re Moore and Landauer

Rule 2 - Performance must match contractual terms

Ritchie v Atkinson

Divisible / Severable Contracts

Bolton v Mahadeva

Substantial Performance - Not found in this case (entire contract had to be performed as was a lump sum contract and therefore couldnt claim substantial performance)

enables a party who has performed a contract with only minor defects to claim the price of the work done less any money the ohter party has to pay to put right the defects

Hoenig v Isaacs

Substantial Performance - Was found in this case

D had to pay for defects to furnishings

Sumpter v Hedges

Acceptance of Partial Performance

C can accept partial performance and D may be entitled to pay on a quantum meruit basis

but where innocent party has no option but to accept then it won’t be consent to part peformance - S v H

Planche v Colburn

where the party prevented the other party performing the contract, they can be awarded damages for the amount that they have performed (company cancelled series after C already wrote books)

Charles Rickards v Oppenheim

where there is a delay to performance, the innocent party can cancel it when ‘time was of the essence’

Union Eagle v Golden

where time of essence contract can be repudiated where time for completion was a term of contract - breach means innocent party can treat the contract as terminated