Performance and Breach of Contract

citrus pellets, 'good condition', innominate term, breach not serious - warranty

fence 12 feet apart, further apart than promised, added droppers, not substantial performance, damages awarded

• noise levels, injunction, would cost Codelfa, terms implied ad hoc (obliging SRA to pay for extra costs) - NO. 
• Time of contracting, parties believed nothing could prevent construction - could not be inferred intention to include term in contract. 
• Frustration - performance possible only in a way that was fundamentally different.

grant money after each section built, entire project not completed, divisible contract

courier to company, 3 weeks before - cancelled, anticipatory breach, immediate right to sue

paint apartment, furniture – badly done, rectify, substantial performance – must be accepted, paid for proportionately, deduct cost of repairs.

sold land, extended deadline, failure to meet, did not intend to proceed with sale, deadline; late performance, entitled to resell and claim losses;  notice of decision to terminate.

develop land, keep accounts; termination – root of contract, deprived Council of substantial part of benefit; condition or innominate.

3 licences, ask to take back boat, frustration; fault/deliberate act by party seeking relief.

divisible contract; work 160 hrs/month – 60% profit, reduced work – informal arrangement, original contract not varied; not entitled to claim payment – had not performed obligations.

cut firewood, acceptance of partial performance, duty to pay pro rata for accepted performance.

reaping machine, old and broken and mended; terms implied by legislation; sale of goods; duty to deliver goods as identified by description; entitled to reject, not obliged to pay.