Discharge and Equitable Remedies 0.0 / 5 ? LawContract lawA2/A-levelOCR Created by: amberjedxoCreated on: 07-12-17 19:39 Discharge and Equitable Remedies . 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
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