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Discharge of a contract - Coggle Diagram
Discharge of a contract
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performance
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Cutter v Powerll - cutter agreed to be a second mate on a voyage for a fixed fee. he died at the end of the voyage - his widow sued for a proportion of his fee - she was entitled to nothing as the contract had not been performed
divisible contracts
a contract can be seen as being separated parts - non-completion of one part is not a breach of the whole contract - Ritchie v Atkinson
substantial performance
if a party has done all of their work, but some of it isnt very good or they have done most of the work , then entitled to substantial bit of work. quantum merit - merit for the quantity
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Frustration
before the contract can be completed something happens that makes the contract impossible, illegal or pointles
force majeure - clause that exludes liability for parties for delay in performanceor the non-performance if there are extraordinary events
Unanticipated impossibilities - where it is impossible to perform the contract, where performing the contract would be illegal, where the main purpose of the contract cannot be achieved
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