LLB170 Lecture Notes - Lecture 5: Employment Contract, Bachelor Of Laws, Specific Performance
Document Summary
Once terms are construed, performance can be judged. If a party has performed its contractual promises (terms), it can claim the contract price as a debt due to it. In assessing whether a party has performed, first determine: May be expressly stated, implied, or determined as a matter of construction see luna park v tramways. If not stated, courts imply a term requiring performance within a reasonable time (perri) Advertising boards to be displayed on roofs of 53 trams to be "on the tracks" for "at least 8 hours per day" through the season. What is the standard of performance required? (i. e. what omissions/defects in performance will amount to a breach?) Breach: when a party does not perform as promised. When p alleges d is in breach, d may (depending on facts) take one of the following approaches: Acknowledge breach and try to fix it. Deny breach has occurred e. g. argue p has misunderstood/misconstrued what term means/requires.
