Discharge and Equitable Remedies

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Discharge and Equitable Remedies
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1 of 33
Strict Rule
There should be a complete performance of all obligations to the contract
2 of 33
Case for rule
Cutter V Powell
3 of 33
If the obligations are divisble then payment should be made for part performance
Taylor V Webb
4 of 33
Payment should be made if part performance has been accepted
Sumpter v Hedges
5 of 33
Substantial Performance
Hoenig V Isaacs
6 of 33
Too much left to complete
Bolton V Mahadeva
7 of 33
Performance prevented by the other party
Planche v Colborn
8 of 33
Party has attemped to perform but has been rejected
Startup V McDonald
9 of 33
Frustration definition
Performance unabe to be completed due to an event out of the control of both parties
10 of 33
Original Rule
Obligations still needed to be completed
11 of 33
Original rule case
Paradine V Jane
12 of 33
Destruction of subject matter
Taylor V Caldwell
13 of 33
Unavailability of party
Robinson V Davidson
14 of 33
Outbreak of war
Metropolitan Water Board V Kerr
15 of 33
Subsequent Illegality
Re Shipton Anderson
16 of 33
Commercial Sterilisation
Krell V Henry
17 of 33
Self-Induced frustration
Maritime National Fish V Ocean Trawlers
18 of 33
Contract burdensome
Davis Ltd Contractors V Fareham UDC
19 of 33
Risk foreseeable
Amalagamated Investment + Property V John Walker and Sons
20 of 33
Risk provided for
Fibrosa
21 of 33
Payments made before frustrating event can be claimed for
Fibrosa
22 of 33
Aim of Recission
Put parties in pre-contractual position
23 of 33
Restituto in integrum is possible
Clarke V Dickson
24 of 33
Contract not affirmed
Long V Lloyd
25 of 33
No Excesssive Delay
Leaf V International Galleries
26 of 33
No third party has gained rights
Oakes V Turquand
27 of 33
Specific Perfromance
Order for party to carry out obligations
28 of 33
SP case
Co-Op Insurance Services V Argyll Stores
29 of 33
Damages inadequate
Falcke V Gray
30 of 33
Claimant acts with conscience
Webster V Cecil
31 of 33
Not a contract of service
De Francesco V Barnum
32 of 33
Possible for court to oversee
Posner V Scott-Lewis
33 of 33

Other cards in this set

Card 2

Front

Strict Rule

Back

There should be a complete performance of all obligations to the contract

Card 3

Front

Case for rule

Back

Preview of the front of card 3

Card 4

Front

If the obligations are divisble then payment should be made for part performance

Back

Preview of the front of card 4

Card 5

Front

Payment should be made if part performance has been accepted

Back

Preview of the front of card 5
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