Performance (OCR A-Level Law): Quizzes

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Performance
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What must occur for a contract to be discharged through performance under the general rule?

Every obligation must be fulfilled

In Cutter v Powell (1795), why did the sailor's widow receive no payment for his work?

Complete performance was not achieved

What happens when one party offers to perform but the other party refuses under tender of performance?

Offering party's obligations are discharged

What does a severable contract allow parties to do?

Claim payment for each completed portion

What does the doctrine of substantial performance permit despite minor defects?

Claim for contract price minus deductions

For substantial performance to apply, what must remaining defects or omissions be?

Minor and not go to root of contract

What type of acceptance is required for part-performance to result in payment?

Genuine and voluntary acceptance

In Sumpter v Hedges (1898), why could the builder not claim payment for partial work?

Defendant had no real choice to accept

When time is of the essence, what can the innocent party do if performance is late?

Repudiate the entire contract

What is the consequence of delayed performance when time is NOT of the essence?

Claim damages but cannot repudiate

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