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Discharge by performance and breach

Posted on: Tue, 07/29/2008 - 19:50
James Kemp
Posts: 9
Joined: 2008-07-29
User is offline

Please help if you can with an answer to check against mine:)

(a)‘(the contract)......is entire and as the defendant’s promise depends on a condition
precedent to be performed by the other party, the condition must be performed
before the other party is entitled to receive anything under it.’

 (Ashhurst J. in Cutter v Powell [1795])

(b)  ‘Where one party to a contract declares that
he does not intend to perform his obligations under the contract, the other
party faces a difficult choice whether to accept the breach or affirm the
contract.’

Explain the factors
that ought to be considered in reaching this decision 

 

 
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