Performance
What job was the claimant doing in Cutter v Powel (1785)?
Seaman
What is required to discharge a contract by agreement?
Consideration
What type of breach occurs when there is a serious breach that entitles the innocent party to consider themselves as being discharged from obligations?
Repudiatory breach
Give one of the three types of frustrating event
Impossibility, illegality, change in circumstances
Name one of the exceptions to the strict rule
Partial performance, substantial performance, prevention of performance, tender of performance, time of performance
Which case gives the strict rule?
Cutter v Powell
What counts as good consideration in executory contracts?
Parties exchanged promises to release one another
What type of breach is one that is done before performance is due?
Anticipatory breach
Which case is an example of the subject matter of the contract being destroyed?
Taylor v Caldwell (1863)
In which case was a shipwright entitled to claim payment as the contract did not require that he completed all the work?
Roberts v Havelock (1832)
Which case is an example of the harshness of the strict rule?
Re Moore & Co's and Landauer & Co's Arbitration (1921)
What are wholly executory contracts?
Promises to perform some acts in the future
Which case says that repudiation of a contract following a breach must be communicated to the other party?
Vitol SA v Norelf Ltd (1996)
What was illegal to sell in Denny, Mott & Dickson Ltd v James B Fraser & Co Ltd (1944)?
Timber
What was the defendant contracted to install in Bolton v Mahedeva (1972)?
Hot water & central heating
What section of the Sale of Goods Act 1979 says a buyer cannot reject goods if the breach is so slight it would be unreasonable to do so?
S 15A
What is required to effect a valid release of the other party from a contract where there is executed consideration?
Deed
Where was De La Tour going on holiday to in Hochester v de La Tour (1853)?
Europe
What section of the Law Reform (Frustrated Contracts) Act 1943 governs money paid in advance?
S 1(2)
On what basis can you claim damages if you are prevented from performing your contractual obligations?
Quantum meruit
What section of the Sale of Goods Act 1979 relates to the quantity of goods shipped?
S 30(2A)
If there is not a deed what can be given instead to discharge a contract if there is executed consideration?
Accord and satisfaction
In which case was an anticipatory breach implied by conduct?
Frost v Knight (1872)
Which case says that frustration is a change in contractual obligations?
Davis Contractors Ltd v Fareham UDC (1958)
What section of the Sale of Goods Act 1979 relates to tender of goods?
S 29(5)