Discharge of a Contract (AQA A-Level Law): Flashcards
📚Flashcards
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10 cards from this deck
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Practise the cards
10 cards from this deck
Discharge
Discharge
Contract ends & parties released from obligations
General rule on performance
General rule on performance
All obligations must be completely performed
Substantial performance
Substantial performance
Mostly complete w/ minor defects; payment reduced for defects
Remedies for breach of condition
Remedies for breach of condition
Repudiation and/or damages
Remedy for breach of warranty
Remedy for breach of warranty
Damages only, not repudiation
Innominate terms
Innominate terms
Courts examine actual effect of breach to determine remedy
Anticipatory breach
Anticipatory breach
Party indicates in advance they will not perform
Frustration
Frustration
Unforeseen event prevents performance; neither party at fault
Taylor v Caldwell (1863) principle
Taylor v Caldwell (1863) principle
Destruction of subject matter frustrates contract
1943 Act: money paid before frustrating event
1943 Act: money paid before frustrating event
Recoverable
