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Contract - Discharge

Discharge of Contract: Performance and Frustration

QuestionAnswer
What is the general rule for performance of a contract? performance must match obligations exactly 'mirror image'
Re Moore and Landauer performance didn't match obligations exactly allowing repudiation of the contract
What are the exceptions to the rule that performance must match obligations exactly divisible contracts, substantial performance, prevention of performance, vicarious performance
Cutter v Powell Entire contract so couldn't claim for any £ from part performance
Hoenig v Isaacs Substantial performance - builders can claim for £ - amount required to finish
Bolton v Madaheva not substantial performance - as the boiler work was done badly and made it dangerous
Planche v Colburn Prevention of performance - D refused to publish series after C wrote half of it already - £ recieved reflected work taken by author
Welby v Drake Vicarious performance case * lmk what happened here Tom
What is vicarious performance D entitled to full amount unless personal performance is demanded by the terms or nature of contract (Weby v Drake)
What is frustration of a contract? contract incapable of being performad or has become radically different
Krell v Henry contract frustrated because it became radically different - flat and coronation case
Herne Bay Steamboat Co v Hutton Contract not frustrated because they were still able to go on boat ride - not radically different - boat coronation case
Taylor v Caldwell Frustration occurs if subject matter is destroyed - music hall burned down (+ court discussed that frustratable events can't be self-induced)
When may frustration occur? Death, illness, incarceration, subject matter destroyed, impossible, radically different, illegality
Davis v Fareham Extra delay and cost is not sufficient to frustrate a contract (building contract)
Super servant two Extra delay and cost is not sufficient to frustrate a contract (could have breached other contract - they had two oil rig transporters)
Gamerco v ICM frustration may occur due to illegality (authorities closed stadium down)
Hare v Murphy Brothers Frustration may occur due to incarceration
What statute outlines what remedies are available for frustration? Law Reform (Frustrated Contracts) Act 1943
What remedies are available for frustration of a contract? you can claim for: money paid b4 event, debt, expenses incurred for purposes of contract, any valuable benefit a party acquires
Created by: Oscar.G
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