OCR A2 Law - The Law of Contract - Performance (3)

  • Created by: Majid
  • Created on: 12-05-13 19:22

Performance (3)

3. One party prevents full performance: If a party prevents the other from completing the contract, there will be an entitlement to payment for the wasted work.

CASE: "Plance v Colburn". In this case the writer agreed to write some articles. After some of the articles were written the publisher refused to publish the written articles and the writer was prevented from completing the work through no fault of his own. HELD: The writer was entitled to recover the payment for his wasted work.

AO2: This is a fair concept given the circumstances of the case as the prevention of the work happened through not fault of his own.

4. Divisible/Severable Contracts: If a contract is made up of separate parts then each part can be discharged separately. Payment will be given for the parts completed.

CASE: "Taylor v Webb". In this case there was a contract for the lease of a property. There was a 2-part contract. 1. The tenant had to pay the rent and 2. The landlord had to keep the premises in good repair and maintain the premises. The landlord didn't carry out any repairs and the tenant refused to pay any rent. HELD: As the rent wasn't paid, the courts held it had to be paid.

AO2: It allows parties some right to payment for the parts of the contract that's been done.

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