ABSTRACT

This chapter looks at the termination of a contract by either completion of performance or breach. The most signifi cant issues are:

■ Discharge by performance. The normal rule is that performance must be precise and exact to discharge the party’s obligations. This has the following consequences: ■ In an ‘entire’ contract payment only has to be made when performance is fully

completed – there is no payment for partial performance, unless:

■ the other party has prevented completion of performance; or ■ the partial performance has been accepted; or ■ the court deems there to have been ‘substantial performance’.