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9084 · 3.3.1

Performance

**Performance** (3.3.1) opens 3.3. Distinguish **complete vs substantial** performance.

Need to know

What you need to know

  • The general rule requires performance to be complete and exact.
  • This applies to 'entire contracts' where performance is a condition precedent to payment.
  • The key authority is *Cutter v Powell (1795)*.
  • Failure to perform the entire obligation means no payment can be claimed under the contract.

Explanation

Performance

  1. The general rule requires performance to be complete and exact.
  2. This applies to 'entire contracts' where performance is a condition precedent to payment.
  3. The key authority is *Cutter v Powell (1795)*.
  4. Failure to perform the entire obligation means no payment can be claimed under the contract.