MLC101 Lecture Notes - Lecture 5: Institute For Operations Research And The Management Sciences, Oral Contract, Liquidated Damages
Document Summary
Impossibility of performance/ contract radically different: for breach in performance, repudiation. Cutter agreed to work for wages on a merchant ship on a voyage from jamaica to liverpool. He would be paid a handsome wage given that he completes his duty all the way to. He died halfway through, with his wife claiming powell should pay for the work he had completed. Cutter knew before he begun that he was only entitled to his wage if he completed his work, powel was not forced to pay. An entire contract (e. g. cutter v powel) requires that entire completion of exact performance of the obligations is required before the other parties obligations are triggered (the exact performance rule). Whether or not the contract has (cid:271)ee(cid:374) (cid:858)su(cid:271)sta(cid:374)tiall(cid:455) pe(cid:396)fo(cid:396)(cid:373)ed(cid:859) is a su(cid:271)je(cid:272)t of de(cid:271)ate (cid:894)e. g. pa(cid:455)i(cid:374)g fo(cid:396) the i(cid:374)stallatio(cid:374)(cid:859) of a heati(cid:374)g s(cid:455)ste(cid:373) that does(cid:374)(cid:859)t tu(cid:396)(cid:374) out to (cid:449)o(cid:396)k(cid:895)
