LAW2102 Final: Contracts B Exam Notes
Document Summary
Once a party has exactly performed their duties under a contract, they will be discharged from any further performance (shipton anderson & co v weil bros & co) Obligations under a contract may be dependent or independent. The contract between ____ a(cid:374)d ____ (cid:272)o(cid:374)tai(cid:374)s (obligations) as : dependent obligations one party must perform obligations before the other. Independent one party must perform regardless of what other party does. Divisible: a divisible contract is one where the consideration and payment are apportioned or capable of apportionment (steele v tardiani, consider construction of contract as whole (hoenig v isaacs) Lump sum: where contract provides for specific work for specific price (hoenig v isaacs) The (cid:272)o(cid:374)t(cid:396)a(cid:272)t o(cid:374) the fa(cid:272)ts is a _____ (cid:272)o(cid:374)t(cid:396)a(cid:272)t as . To (cid:271)e a(cid:374) e(cid:374)ti(cid:396)e o(cid:271)ligatio(cid:374) it (cid:373)ust (cid:271)e : contract must clearly indicate complete performance to obligation is condition precedent to payment (baltic shipping co v dillon, condition precedent is where all performance is due before payment, e. g.
