Case Summary

prepared by Nigel
Discharge by Performance and by Breach
Topic Case
Discharge by performanceBolton v. Mahadeva 1972
Discharge by performanceHoenig v. Isaacs 1952
Discharge by performanceSumpter v. Hedges 1898
Discharge by breach The Mihalis Angelos 1970
Discharge by breach
Bunge Corp v. Tradax Export
1981
Discharge by breach
L. Schuler A.G. v. Wickman
Machine Tool Sales Ltd 1974
Discharge by breach
Re Moore & Co. and Landauer
& Co. 1921
Discharge by breach
Reardon Smith Line v. Hansen-
Tangen 1976
Discharge by breach Poussard v. Spiers 1876
Discharge by breach Bettini v. Gye 1876
Discharge by breach
Hong Kong Fir Shipping Co.
Ltd v. Kawasaki Kisen Kaisha
Ltd 1962
Discharge by breach
Cehave NV v. Bremer, The
Hansa Nord 1975
Discharge by breach
Rice v. Great Yarmouth
Borough Council 2000
Discharge by breach
White & Carter (Councils) Ltd
v. McGregor 1962
Discharge by breach
Clea Shipping Corp v. Bulk Oil
International Ltd 1984
Anticipatory Breach Hochster v. De La Tour 1853
Anticipatory Breach Vitol SA v. Norelf Ltd 1996
Anticipatory Breach Avery v. Bowden 1856
Anticipatory Breach
Fercometal SARL v.
Mediterranean Shipping Co.
SA, The Simona 1988
Details (prepared by Ann Chan)
Discharge by Performance and by Breach
Key Principle Ref
A contract is only discharged by exact performance NC149
Where there has been substantial but not exact performance the other party must still
perform their side of the agreement
NC150
Where the promisee has the option to and does not accept partial performance, they are
bound to pay a reasonable price for what they received.
NC150
Breach of a condition give the injured party the right to treat the contract as repudiated NC151
Whether a term is a condition or not depends upon the intention of the parties NC152
Usint the word "condition" within a particular term of a contract does not
automatically make that term a "condition" in the legal sense.
NC152
In a contract for the sale of goods if some of the goods do not correspond with the
contract description then the buyer usually has the right to reject all the goods
NC153
If the subject-matter of the contract fails to correspond with its description then the
buyer should only have the right to reject if there is also a substantial failure of
performance
NC154
Where a breach of a term amounts to a substantial failure of performance, the injured
party has the right to treat the contract as repudiated
NC154
Where a breach does not amount to a substantial failure of performance, the injured
pary does not usually have the right to treat the contract as discharged
NC155
Where a breach of an innominate term deprives an injured party of substantially the
whole benefit of the contract that party is entitled to treat the contract as repudiated
NC155
The innominate term approach can be used where there is a contract for the sale of
goods
NC156
The innominate term approach is applicable to a long-term contract for the provision
of services
NC157
The right of an injured party to affirm the contract after a repudiatory breach is not
absolute
NC157
Where a person has no legitimate interest, financial or otherwise, in performing the
contract rather than claiming damages, he ought not to be allowed to affirm it
NC158
Where there is an anticipatory breach the injured party can accept the breach and
immediately claim damages
NC158
An injured party may accept a repudiatory breach simply by failing to perform their
own contractual obligations
NC159
If the injured party does not accept the anticipatory breach then damages will be
assessed at the date due for performance
NC160
An injured party who does not accept an anticipatory breach must continue to perform
their own obligations
NC160