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4 contract_d - DISCHARGE OF A CONTRACT Performance of a...

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1 DISCHARGE OF A CONTRACT Performance of a contract must be exact and complete and, the performance must coincide with the obligations of the contract. MOORE & LANDAUER (1921) A retailer was supplied tins of fruit but they were not in the correct size of cases. H Obligations did not match specifications of the contract. SUBSTANTIAL PERFORMANCE Hoenig v Isaacs (1952) A flat was decorated but the owner withheld the agreed price and only paid a proportion. It was found that there were defects but they were minor. Decorator was able to recover total agreed figure less a small sum for the defects. PARTIAL PERFORMANCE The party not at fault must have a choice as whether or not to accept partial performance. Payment for partial performance is made on a quantum merit basis ~ paid as much as you deserve. SUMPTER V HEDGES (1898) A builder did half of the work. The defendant was left to finish the work. Sued for the full amount. H partial performance had not been accepted, the contract had been breached. PERFORMANCE Time of performance: important obligations must be fulfilled within the time expected. Vicarious performance: when another person performs the duties required fulfilling the contract. This is possible providing that the contract is not of a personal nature and that the obligations of the contract are fulfilled as expected.
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