Miscellaneous Quiz / Contract law - Discharge/Frustration

Random Miscellaneous Quiz

Can you name the Contract cases - Discharge/Frustration?

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Subject Case
[Discharge by performance] Performance must be precise and exact.
One party prevents the other from performing obligation
Voluntary acceptance of other parties partial performance
Substantial performance - Substantially performed (discount for minor defects)
Substantial performance - There had not been susbtantial performance. Look at the costs of the contract
Sale of goods - trivial discrepancy
When time is of the essence any delay will amount to repudiation
Anticipatory breach - Refuse to accept and wait till deadline
Historically contracts were absolute, no frustration.
[Frustration] Destruction of the venue/particular thing
Subject Case
[Frustration] Death or incapacity
[Frustration] Destruction of purpose
[Frustration] For frustration there must be NO ALTERNATIVE purpose
Supervening illegality renders contract frustrated
[Express provision for frustrating event - force majeure clause] But still length of delay caused meant frustration applied
No frustration if knew of risk and didn't provide for it
Self induced frustration = no frustration. Onus on party denying frustration to prove self induced
Recovery of money paid before frustrating act
Recovery for work done before frustrating event
Recovery of benefit gained (other than money) courts will calculate a just sum

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