ABSTRACT
This chapter exam ines the discharge of a contract by either perform ance or breach. The most signi fic ant issues are as follows:
■ Discharge by perform ance. The general rule is that perform ance must be precise and exact to discharge a contractor’s oblig a tions. This has the follow ing consequences:
¨ In an ‘entire’ contract (where payment only becomes due on complete perform ance), payment only has to be made when perform ance is fully completed – there is gener ally no payment for partial perform ance, unless: ¡ the other party has preven ted comple tion of perform ance; or ¡ the partial perform ance has been accep ted; or ¡ the court deems there to have been ‘substan tial perform ance’.
