Law-Exchange.co.uk Shared Resource

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Law-Exchange.co.uk Shared Resource

  1. 1. A2 LAW OF CONTRACT DISCHARGE OF A CONTRACT: PERFORMANCE 1. What is meant by exact performance? Explain by reference to the cases of Re Moore and Landauer (1921) and Cutty v Powell (1975) 2. What is meant by substantial performance? Cite case law in your answer. 3. How much of a contract do you think needs to be complete in order to amount to “substantial” performance? 4. What is the difference between substantial performance and partial performance? Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk
  2. 2. 5. When will the courts deem partial performance to have been accepted? 6. What is meant by the phrase “time is of the essence” and why is it important? 7. What is meant by “vicarious performance”, and when is it allowed? Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk
  3. 3. A2 LAW OF CONTRACT DISCHARGE OF A CONTRACT: BREACH Note the definition of breach of contract: 1. 2. What remedies are available for breach of contract? 3. What is meant by anticipatory breach? Explain with reference to Hochster v De La Tour (1853) Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk
  4. 4. A2 LAW OF CONTRACT DISCHARGE OF A CONTRACT: FRUSTRATION What was the approach to contractual obligations prior to Taylor v Caldwell (1863), and how did this case change things? Now note the three ways in which frustration can arise: 1. 2. 3. For each situation, give an explanation of it with reference to case law in the table below: Situation where frustration Example can occur Impossibility Illegality Radical change in circumstances 4. Why are the courts wary of allowing people to claim frustration too easily? Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk
  5. 5. 5. Explain when a contract that is onerous will not be frustrated, with reference to case law: 6. What are the legal effects of frustration? Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk

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