Performance

Sale of Goods Act

Description I The Sale of Goods Act provides that a description applicable to goods is a contract condition. Therefore, its breach entitles the other party to terminate the contract and recover damages. The description identifies the goods as such.… Read the rest

Performance Required

Tender of Performance Generally, a contractual obligation must be performed without performance being demanded. A debtor must seek out his creditor, if necessary, in order to pay. This position may be varied by the terms of the contract, custom, or statute.… Read the rest

Performance Issues

Order of Performance I Some obligations are pre-conditional on the other party first performing his obligation under the contract. They or some of them, in turn, may depend on the first performance of some element of his obligations.… Read the rest

Nature of Obligations

Contract Obligations Presumed Absolute The general principle is that a person is unconditionally obliged to perform his contractual obligations. It is not simply a question of using best endeavours to do so. It is presumed that contracts provide for unconditional obligations.… Read the rest

Frustration

Nature of Frustration The principle of frustration applies where a contract is entered to perform something which later becomes impossible or wholly meaningless. This must occur without the fault of either party. The event must be unexpected.… Read the rest

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