SESSION 05 - DISCHARGE OF CONTRACT.pdf

On 19 april the defendant paid another 150 work was

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On 19 April, the defendant paid another £150. Work was completed on 25 August. On 28 August, the plaintiff asked the defendant to pay the balance. The defendant complained about poor workmanship for a book shelf and wardrobe and paid the plaintiff £100 but refused to pay the balance. The plaintiff then sued the defendant. 11 a. DISCHARGE OF CONTRACTS
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Held : On the facts the contract had been substantially performed even though defects would cost £55 to correct. Thus the plaintiff was entitled to recover the contractually agreed price of £750 minus £55. 12 a. DISCHARGE OF CONTRACTS
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