Among the various ways in which a contract may be discharged is performance which literally means fulfillment of the parties obligations as originally agreed. Originally, the common law did not acknowledge discharge by performance unless the obligations were performed precisely and exactly. This is the common law doctrine “precise and exact” which insisted that every part of the contract had to be performed i.e. contractual obligations had to be observed to the letter.
- This doctrine is best exemplified by the decision in Cutter V. Powell. Where it was held that Mrs. Cutter was not entitled to compensation as her husband had not performed his part of the contract precisely and exactly. This decision illustrates how unfair the doctrine of precise and exact can be in that Mr. Cutter had rendered services from August 2nd to September 20th when he died. Yet the employer is under no obligation to pay anything. This far it is evident that discharge by
performance means performance must be precise and exact.
However, the doctrine of price and exact has been modified and there are several
circumstances in which performance need not necessarily be precise and exact for
parties to be discharged for example.
- Divisible Contracts: if a contract can be divided into different compartments to
bepaid for separately, e.g. contract of carriage of goods payable per tonne,
performance of part thereof entitles the party to payment on Quantum Meruit. As
was the case in Ritchie V. Atkinson.?
- Substantial Performance: if contractual obligations are almost fully performed the party performing is entitled to payment for work done. What amounts to substantial performance is a question of fact. This exception is illustrated by the decision in Marshides Mehta and Co. Ltd. V. Barrong Verhegen.
- Partial Performance if accepted: if a party to a contract expressly or impliedly agrees to pay for a partially performed contract, the party is bound to pay for the portion completed. The decision in Sumpter V. Hedges illustrates this exception.
- Prevented Performance: if a party ready and willing to perform its part of the contract is prevented from doing so by the other or the others fault, the party is entitled to payment on Quantum Meruit. The decision in Planche V. Colburn is explicit on this.
- Frustration of Contract: a contract is frustrated when performance of the obligations is rendered impossible by unforeseen or extraneous circumstances for which neither party is to blame. In such a case parties are discharged without precise and exact performance.
In summation, it is arguable that whereas it is true to surmise that for a contract to
be discharged by performance, performance must be precise and exact, this is only
the general rule to which there are many exceptions.
raphael answered the question on April 17, 2018 at 18:10
- “A corporation may be defined as a legal entity or artificial person.” Explain what is
meant by this statement.(Solved)
“A corporation may be defined as a legal entity or artificial person.” Explain what is
meant by this statement.
Date posted: April 17, 2018. Answers (1)
- Explain three characteristics of a private limited company(Solved)
Explain three characteristics of a private limited company.
Date posted: April 17, 2018. Answers (1)
- Differentiate between a Memorandum of Association and Articles of Association of a registered company and detail the contents of the Articles of Association.(Solved)
Differentiate between a Memorandum of Association and Articles of Association of a registered company and detail the contents of the Articles of Association.
Date posted: April 17, 2018. Answers (1)
- The Business Premises Rent Tribunals are established under section 11 of The Landlord and Tenant (Shops, Hotels and Catering Establishment Act (Cap 301) Laws of...(Solved)
The Business Premises Rent Tribunals are established under section 11 of The Landlord and Tenant (Shops, Hotels and Catering Establishment Act (Cap 301) Laws of Kenya.
What purpose do these tribunals serve and what are their main and important powers as stipulated under the Act?
Date posted: April 17, 2018. Answers (1)
- Distinguish legal rights from equitable rights and outline the main equitable remedies
available to an aggrieved party(Solved)
Distinguish legal rights from equitable rights and outline the main equitable remedies
available to an aggrieved party.
Date posted: April 17, 2018. Answers (1)
- Describe the various branches of civil law(Solved)
Describe the various branches of civil law.
Date posted: April 17, 2018. Answers (1)
- Outline five classes of persons who may be classified as dependants for purposes of provision under the Succession Act.(Solved)
Outline five classes of persons who may be classified as dependants for purposes of provision under the Succession Act.
Date posted: April 16, 2018. Answers (1)
- In relation to the law of succession: (i) Define a will; (ii) Explain four formalities of a will.(Solved)
In relation to the law of succession:
(i) Define a will;
(ii) Explain four formalities of a will.
Date posted: April 16, 2018. Answers (1)
- In relation to the Sale of Goods Act, explain the circumstances when: (i) A buyer may reject the goods and repudiate the contract (ii) The...(Solved)
In relation to the Sale of Goods Act, explain the circumstances when:
(i) A buyer may reject the goods and repudiate the contract
(ii) The buyer may lose the right to reject the goods.
Date posted: April 16, 2018. Answers (1)
- Explain the remedies available to an unpaid seller against:(i) The goods; (ii) The buyer under the Sale of Goods Act.(Solved)
Explain the remedies available to an unpaid seller against:
(i) The goods;
(ii) The buyer under the Sale of Goods Act.
Date posted: April 16, 2018. Answers (1)
- Explain how a hire purchase agreement differs from: (i) A credit sale agreement; (ii) A conditional sale agreement(Solved)
Explain how a hire purchase agreement differs from: (i) A credit sale agreement; (ii) A conditional sale agreement.
Date posted: April 16, 2018. Answers (1)
- Explain five implied conditions and warranties in a hire purchase agreement(Solved)
Explain five implied conditions and warranties in a hire purchase agreement.
Date posted: April 16, 2018. Answers (1)
- Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold's...(Solved)
Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold's wife. Explain whether there is a valid contract between Arnold and Ben in the following situations:
(i) Ben does not telephone Cecilia but writes to Arnold accepting his offer.
(ii) Ben sends a telex to Arnold accepting the offer.
Date posted: April 16, 2018. Answers (1)
- It is always necessary to communicate acceptance of an offer to the other party to the contract. Explain whether or not you agree with the...(Solved)
It is always necessary to communicate acceptance of an offer to the other party to the contract. Explain whether or not you agree with the above statement.
Date posted: April 16, 2018. Answers (1)
- Outline the disabilities of a mentally disordered person in subject to.(Solved)
Outline the disabilities of a mentally disordered person in subject to.
Date posted: April 16, 2018. Answers (1)
- In relation to the law of persons outline six consequences of incorporation.(Solved)
In relation to the law of persons outline six consequences of incorporation.
Date posted: April 16, 2018. Answers (1)
- In relation to the administration of justice and law, in Kenya or your country, explain thecomposition and jurisdiction of the Resident Magistrate?s courts.(Solved)
In relation to the administration of justice and law, in Kenya or your country, explain the
composition and jurisdiction of the Resident Magistrate's courts.
Date posted: April 16, 2018. Answers (1)
- Explain eight sources of law in Kenya or your country.(Solved)
Explain eight sources of law in Kenya or your country.
Date posted: April 16, 2018. Answers (1)
- Define the term law in the strict sense of the word.(Solved)
Define the term law in the strict sense of the word.
Date posted: April 16, 2018. Answers (1)
- Distinguish the following: Ratio Decidendi and Obiter Dicta(Solved)
Distinguish the following: Ratio Decidendi and Obiter Dicta.
Date posted: April 16, 2018. Answers (1)