Contract Law Exam Questions With
Complete Solutions
How |can |a |contract |be |discharged? |- |CORRECT |ANSWER✔✔-1. |Breach |of |contract
2. |Frustration
3. |Difference |in |performance |to |the |one |agreed
4. |Agreement |to |terminate |a |contract
5. |By |completing |it
Cutter |v |Powell |- |CORRECT |ANSWER✔✔-Claimants |deceased |husband |signed |a |contract |to |
work |as |a |crew |member |on |a |ship |in |a |voyage |between |Jamaica |and |Liverpool. |He |died |before
|completing |job, |so |wife |was |not |able |to |recover |wages |as |it |was |an |'all |or |nothing' |contract.
All |or |nothing |principle |can |be |reduced |in |four |ways: |- |CORRECT |ANSWER✔✔-1. |Substantial |
performance
2. |Where |the |contract |can |be |severed
3. |Decide |to |accept |part |performance
4. |Prevented |from |completing |performance
Dakin |v |Lee-Discharge |of |contract |by |performing |it |- |CORRECT |ANSWER✔✔-The |defendant |
promised |to |build |a |house |but |failed |to |carry |out |exactly |all |the |specifications |(for |example- |
concrete |not |4ft |deep). |Court |of |appeal |held: |the |builders |were |entitled |to |recover |the |
contract |price.
Hoening |v |Isaacs-Discharge |of |contract |by |performing |it |- |CORRECT |ANSWER✔✔-The |claimant |
agreed |to |decorate |and |furnish |the |defendants |flat |for |£750, |payable |in |two |installments |and |
in |the |balance |of |completion. |Claimant |competed |work, |but |defendant |was |unhappy |with |the |
, furnishing |which |cost |them |£56 |to |correct. |The |court |held: |the |claimant |had |substantially |
performed |contract, |so |entitled |to |money.
Bolton |v |Mahadeva-Discharge |of |contract |by |performing |it |- |CORRECT |ANSWER✔✔-The |
claimant |installed |central |heating |in |the |defendants |home, |agreed |price |of |£560. |Defendant |
wasn't |happy |with |work |so |refused |to |pay |defects |in |work |cost |£174. |Court |held: |defendant |
doesn't |have |to |pay |as |no |potential |performance |was |performed.
What |is |commercial |sterility? |- |CORRECT |ANSWER✔✔-Both |sides |agree |that |the |contract |
shouldn't |be |performed |because |it's |commercial |reason |no |longer |exists.
Sumpter |v |Hedges- |part |performance |is |accepted |- |CORRECT |ANSWER✔✔-A |building |contract |
was |only |half |completed |by |the |builder |when |he |decided |to |walk |off |the |job, |the |customer |
was |forced |to |complete |the |job |himself |but |with |the |tools |and |materials |left |by |the |builder. |
Court |held- |builder |should |get |payed |for |work |done, |but |that |is |it.
Quantam |Meruit |- |CORRECT |ANSWER✔✔-the |right |to |get |payed |for |the |work |you |have |done.
Planche |v |Colburn- |When |the |performance |of |a |contract |can |be |prevented |by |events |and |
circumstances |- |CORRECT |ANSWER✔✔-The |claimant |agreed |to |write |a |book |for |the |defendant
|for |a |series, |the |agreed |contract |was |£100 |and |to |be |payed |upon |completion. |The |claimant |
had |started |writing |and |had |done |a |lot |of |the |writing; |however, |the |series |was |cancelled- |the |
defendant |refused |to |pay. |The |court |held |that |the |claimant |was |entitled |to |£50 |as |defendant |
prevented |performance.
Startup |v |MacDonald- |When |the |performance |of |a |contract |can |be |prevented |by |events |and |
circumstances |- |CORRECT |ANSWER✔✔-Contract |stated |that |10 |tons |of |oil |were |to |be |
delivered |t |defendants |within |the |last |14 |days |of |March. |The |claimant |delivered |on |31st |at |
8:30pm |the |defendant |refused |to |accept |as |the |time |was |late. |Court |held- |claimant |tendered |
performance |so |not |entitled |to |damages
Complete Solutions
How |can |a |contract |be |discharged? |- |CORRECT |ANSWER✔✔-1. |Breach |of |contract
2. |Frustration
3. |Difference |in |performance |to |the |one |agreed
4. |Agreement |to |terminate |a |contract
5. |By |completing |it
Cutter |v |Powell |- |CORRECT |ANSWER✔✔-Claimants |deceased |husband |signed |a |contract |to |
work |as |a |crew |member |on |a |ship |in |a |voyage |between |Jamaica |and |Liverpool. |He |died |before
|completing |job, |so |wife |was |not |able |to |recover |wages |as |it |was |an |'all |or |nothing' |contract.
All |or |nothing |principle |can |be |reduced |in |four |ways: |- |CORRECT |ANSWER✔✔-1. |Substantial |
performance
2. |Where |the |contract |can |be |severed
3. |Decide |to |accept |part |performance
4. |Prevented |from |completing |performance
Dakin |v |Lee-Discharge |of |contract |by |performing |it |- |CORRECT |ANSWER✔✔-The |defendant |
promised |to |build |a |house |but |failed |to |carry |out |exactly |all |the |specifications |(for |example- |
concrete |not |4ft |deep). |Court |of |appeal |held: |the |builders |were |entitled |to |recover |the |
contract |price.
Hoening |v |Isaacs-Discharge |of |contract |by |performing |it |- |CORRECT |ANSWER✔✔-The |claimant |
agreed |to |decorate |and |furnish |the |defendants |flat |for |£750, |payable |in |two |installments |and |
in |the |balance |of |completion. |Claimant |competed |work, |but |defendant |was |unhappy |with |the |
, furnishing |which |cost |them |£56 |to |correct. |The |court |held: |the |claimant |had |substantially |
performed |contract, |so |entitled |to |money.
Bolton |v |Mahadeva-Discharge |of |contract |by |performing |it |- |CORRECT |ANSWER✔✔-The |
claimant |installed |central |heating |in |the |defendants |home, |agreed |price |of |£560. |Defendant |
wasn't |happy |with |work |so |refused |to |pay |defects |in |work |cost |£174. |Court |held: |defendant |
doesn't |have |to |pay |as |no |potential |performance |was |performed.
What |is |commercial |sterility? |- |CORRECT |ANSWER✔✔-Both |sides |agree |that |the |contract |
shouldn't |be |performed |because |it's |commercial |reason |no |longer |exists.
Sumpter |v |Hedges- |part |performance |is |accepted |- |CORRECT |ANSWER✔✔-A |building |contract |
was |only |half |completed |by |the |builder |when |he |decided |to |walk |off |the |job, |the |customer |
was |forced |to |complete |the |job |himself |but |with |the |tools |and |materials |left |by |the |builder. |
Court |held- |builder |should |get |payed |for |work |done, |but |that |is |it.
Quantam |Meruit |- |CORRECT |ANSWER✔✔-the |right |to |get |payed |for |the |work |you |have |done.
Planche |v |Colburn- |When |the |performance |of |a |contract |can |be |prevented |by |events |and |
circumstances |- |CORRECT |ANSWER✔✔-The |claimant |agreed |to |write |a |book |for |the |defendant
|for |a |series, |the |agreed |contract |was |£100 |and |to |be |payed |upon |completion. |The |claimant |
had |started |writing |and |had |done |a |lot |of |the |writing; |however, |the |series |was |cancelled- |the |
defendant |refused |to |pay. |The |court |held |that |the |claimant |was |entitled |to |£50 |as |defendant |
prevented |performance.
Startup |v |MacDonald- |When |the |performance |of |a |contract |can |be |prevented |by |events |and |
circumstances |- |CORRECT |ANSWER✔✔-Contract |stated |that |10 |tons |of |oil |were |to |be |
delivered |t |defendants |within |the |last |14 |days |of |March. |The |claimant |delivered |on |31st |at |
8:30pm |the |defendant |refused |to |accept |as |the |time |was |late. |Court |held- |claimant |tendered |
performance |so |not |entitled |to |damages
