Discharge of a Contract (AQA A-Level Law): Quizzes

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Performance, Breach and Frustration
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What principle did Cutter v Powell (1795) establish about contract performance?

Part performance is no performance

In Taylor v Webb (1937), why could the seaman's estate claim payment despite incomplete performance?

The contract had divisible obligations

What remedy is available in Daken v Lee (1916) when performance is substantial but has minor defects?

Recovery possible but reduced for defects

When does time become 'of the essence' in a contract?

Express agreement, nature of subject, or extension

What remedies are available for breach of a condition?

Repudiation and/or damages

How did Hong Kong Fir (1962) determine whether a term was a condition or warranty?

By examining the actual effect of breach

What did Hochester v De La Tour (1853) establish about anticipatory breach?

Can sue immediately without waiting

In Taylor v Caldwell (1863), why was the contract frustrated?

The music hall was destroyed by fire

Why was Krell v Henry (1903) frustrated but Herne Bay v Hutton (1903) not?

Room's sole purpose lost; cruise retained value

Under the 1943 Act, what happens to money already paid before a frustrating event?

It is recoverable

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