This document discusses various ways in which a contract can be discharged through performance, breach, or frustration. It addresses the concepts of exact and substantial performance, partial performance, anticipatory breach, and frustration arising from impossibility, illegality, or radical change in circumstances. The legal effects of frustration are also examined. Case law is cited throughout to illustrate key points regarding discharge of contract by various means.

1. A2 LAW OF CONTRACT
DISCHARGE OF A CONTRACT: PERFORMANCE
1. What is meant by exact performance? Explain by reference to the cases of
Re Moore and Landauer (1921) and Cutty v Powell (1975)
2. What is meant by substantial performance? Cite case law in your answer.
3. How much of a contract do you think needs to be complete in order to
amount to “substantial” performance?
4. What is the difference between substantial performance and partial
performance?
Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk

2. 5. When will the courts deem partial performance to have been accepted?
6. What is meant by the phrase “time is of the essence” and why is it
important?
7. What is meant by “vicarious performance”, and when is it allowed?
Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk

3. A2 LAW OF CONTRACT
DISCHARGE OF A CONTRACT: BREACH
Note the definition of breach of contract:
1.
2. What remedies are available for breach of contract?
3. What is meant by anticipatory breach? Explain with
reference to Hochster v De La Tour (1853)
Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk

4. A2 LAW OF CONTRACT
DISCHARGE OF A CONTRACT: FRUSTRATION
What was the approach to contractual obligations prior to Taylor v Caldwell (1863),
and how did this case change things?
Now note the three ways in which frustration can arise:
1.
2.
3.
For each situation, give an explanation of it with reference to case law
in the table below:
Situation where frustration Example
can occur
Impossibility
Illegality
Radical change in circumstances
4. Why are the courts wary of allowing people to claim frustration too easily?
Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk

5. 5. Explain when a contract that is onerous will not be frustrated, with
reference to case law:
6. What are the legal effects of frustration?
Andy Howells www.loretolaw.blogspot.com www.law-exchange.co.uk