Discharge (OCR 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
General rule for discharge by performance
General rule for discharge by performance
Exact and complete performance required
Cutter v Powell (1795) outcome
Cutter v Powell (1795) outcome
No payment - incomplete performance (sailor died mid-voyage)
Tender of performance
Tender of performance
Offering to perform but other party refuses; discharges duties
Severable contract definition
Severable contract definition
Obligations divided into separate, independent parts
Substantial performance doctrine
Substantial performance doctrine
Largely fulfilled with minor defects; claim price minus deductions
Part-performance acceptance requirement
Part-performance acceptance requirement
Must be genuine and voluntary, not forced by circumstances
Sumpter v Hedges (1898) principle
Sumpter v Hedges (1898) principle
No payment - acceptance wasn't voluntary (no real choice)
Effect when time is of the essence
Effect when time is of the essence
Failure to perform on time allows repudiation of contract
When is time of the essence?
When is time of the essence?
Expressly stated, subject matter dictates, or by reasonable notice
Delayed performance (time NOT of essence)
Delayed performance (time NOT of essence)
Breach of warranty - damages claimable but cannot repudiate