Contract Law: Partial Performance and Acceptance
27 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the legal basis for a party to claim payment for partial performance?

  • Quantum meruit basis (correct)
  • Lump sum basis
  • Divisible contract basis
  • Frustration basis

In Sumpter v. Hedges 1889, why was the plaintiff unable to recover anything for his partial performance?

  • The plaintiff's workmanship was of bad quality
  • The defendant willingly accepted the partial performance
  • The defendant had no alternative but to complete the work himself (correct)
  • The plaintiff abandoned the contract due to financial difficulties

Under what circumstances does frustration occur in a contract?

  • When an event occurs that makes the performance of the contract impossible or futile (correct)
  • When one party is dissatisfied with the quality of workmanship
  • When a party fails to deliver all the agreed installments
  • When a contract becomes more profitable than originally contemplated

In Taylor v. Caldwell 1863, what led to the frustration of the contract?

<p>The destruction of the subject matter of the contract (B)</p> Signup and view all the answers

What type of contract is regarded as divisible?

<p>Installment contract (B)</p> Signup and view all the answers

When does frustration occur in a contract involving personal services?

<p>When there is death, incapacity, or serious illness affecting a key party involved (C)</p> Signup and view all the answers

What law governs the discharge of a contract by frustration in Singapore?

<p>Frustrated Contracts Act (Cap 115) (C)</p> Signup and view all the answers

What is the general rule regarding performance of a contract?

<p>Complete and precise performance is necessary for the contract to be discharged. (C)</p> Signup and view all the answers

What did the court decide in the case of Cutter v. Powell 1795?

<p>The defendant was not held liable as the husband did not complete the whole voyage. (B)</p> Signup and view all the answers

What defines substantial performance of a contract according to the exceptions to the general rule?

<p>Performance where the difference between contract price and rectification costs is not too great. (A)</p> Signup and view all the answers

What happens if incomplete performance of a contract is caused by the other party who prevented full performance?

<p>The prevented party is only entitled to claim for the work already done on a quantum meruit basis. (A)</p> Signup and view all the answers

In Hoenig v. Isaacs 1952, why did Hoenig pay only £400 instead of the contract price of £750?

<p>Hoenig claimed poor workmanship and paid based on rectification costs. (B)</p> Signup and view all the answers

What did the court decide in Planche v. Colburn 1831?

<p>Planche was entitled to half the contract sum he would have been paid if allowed to complete the work. (B)</p> Signup and view all the answers

How does substantial performance exception reduce the harshness of the general rule?

<p>It requires payment despite incomplete or defective performance. (A)</p> Signup and view all the answers

What is the effect of frustration on a contract at common law?

<p>The contract becomes void, but parties must still perform any obligations due before the frustration occurred. (C)</p> Signup and view all the answers

In which case was the frustrated party able to recover expenses incurred in performing the contract before it was frustrated?

<p>Metropolitan Board v. Dick.Kerr Ltd 1918 (B)</p> Signup and view all the answers

Under the Frustrated Contracts Act, what happens to any money payable at the time of frustration?

<p>It ceases to be payable. (D)</p> Signup and view all the answers

In which scenario would a contract not be frustrated according to the text?

<p>Shortages of labor and materials leading to increased cost and time to complete construction. (C)</p> Signup and view all the answers

Which case illustrates the common law rule of frustration operating unfairly against a party?

<p>Chandler v.Webster 1904 (A)</p> Signup and view all the answers

What does the FRUSTRATED CONTRACTS ACT (CAP 115) seek to achieve?

<p>To spread the loss or benefit as reasonably and fairly as possible between the parties. (A)</p> Signup and view all the answers

What happens when each party to a contract carries out their part of the promise?

<p>The contract is discharged and both parties are released from their obligations (C)</p> Signup and view all the answers

In a sale of goods contract, what happens when the seller receives the price from the buyer without any complaint about the goods?

<p>The seller has performed his obligation and the buyer has paid, so the contract is discharged (B)</p> Signup and view all the answers

What happens if either party fails to carry out their obligations in a contract?

<p>The defaulting party will be in breach of contract and liable to compensate the innocent party (B)</p> Signup and view all the answers

What is the significance of a delivery date mentioned in a sale of goods contract?

<p>The delivery date must be strictly complied with as it forms part of the description of the goods (A)</p> Signup and view all the answers

If a seller fails to deliver goods by the specified delivery date, what is the legal consequence?

<p>The seller will be in breach of contract and liable for compensation (A)</p> Signup and view all the answers

When are the obligations created by a contract discharged?

<p>When each party has carried out their part of the promise (A)</p> Signup and view all the answers

What happens when one party fails to carry out their obligations in a contract?

<p>The defaulting party will be in breach of contract and liable to compensate the innocent party (B)</p> Signup and view all the answers

More Like This

Use Quizgecko on...
Browser
Browser