Please enable JavaScript.

Coggle requires JavaScript to display documents.

(Discharge through performance, [1952] 2 All ER 176) - Coggle Diagram

- - - - Full Performance
    - - Agreement
        
        As shown in the example above, actual performance is when all the parties to a contract do what they had agreed for under the contract. On the other hand, it is possible that when the promisor attempts to perform his promise, the promisee refuses to accept it. In such cases, it is called attempted performance or tender.
  - - - cancellation.
  - - - A contract stated that 10 tons of oil were to be delivered to the defendant within the last 14 days of March. The claimant delivered the oil at 8.30pm Saturday March 31st. The defendant refused to accept the delivery because of the lateness of the hour.
        
        he claimant had tendered performance within the agreed contractual period and was thus entitled to damages for non acceptance
- - - - claimant agreed to decorate and furnish the defendant's flat for £750 payable by two instalments and the balance on completion. The claimant completed the work but the defendant was unsatisfied some of the furnishings and refused to pay the all the final instalment. The cost of the defects in the furniture came to £56.
        
        :
        
        The claimant had substantially performed the contract and was therefore entitled to the contractually agreed price minus the cost of the defects