Performance Checklist

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  • Created by: Tiffany
  • Created on: 05-12-11 20:19

Strict rule

-          An “entire contract” all obligations must be performed – so there can be no payment for part-performance

o   Cutter v Powell

o    A wife was going to sue a shipping company for the amount of work her husband had done on the voyage; however, seen as her husband had signed a contract for him to be paid at the end of a voyage and it was a condition she could not sue.

-          Can be applied in the case of descriptions applied rather than the goods/services themselves

o   Re Moore & Landeur

o    The courts held that packaging could be included in description and that the buyer was correct in rejecting the goods and repudiating the contract. 


-          Divisible


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