BTC1110 Study Guide - Midterm Guide: Condition Subsequent, Land Council, Tabcorp Holdings
8 Aug 2018
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Exact performance- when both parties fully perform the exact requirements of the contract. If a party does not perform the exact obligations of the contract, they may be sued for a breach of contract. Cutter v powell - c agreed to work for a merchant ship and be paid on the completion of the journey. C died before the ship completed its journey. C"s widow claimed the wages for the work conducted by her husband. However, c was only entitled to his payment once the journey had been completed. The other seamen who were paid on a monthly basis of a lesser amount were considered in the court"s decision. Thus, the added risk of not being paid until the journey was completed was compensated for c receiving a larger amount upon completion. Under an entire contract, exact performance of the whole contract is required before the other party"s obligations are triggered.
