Part Performance in UK Law

Leading Cases
  • Heyman v Darwins Ltd
    • House of Lords
    • 20 Feb 1942

    If one party so acts or so expresses himself, as to show that he does not mean to accept and discharge the obligations of a contract any further, the other party has an option as to the attitude he may take up. But repudiation by one party standing alone does not terminate the contract: it takes two to end it, by repudiation, on the one side, and acceptance of the repudiation, on the other.

  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 Jun 1942

    It is clear that any civilised system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or some benefit derived from another which it is against conscience that he should keep.

  • Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
    • Court of Appeal
    • 20 Dec 1961

    The test whether an event has this effect or not has been stated in a number of metaphors all of which I think amount to. the same thing; Does the occurrence of the event deprive the party who has further undertakings still to perform of substantially the whole benefit which it was the intention of the parties as expressed in the contract that he should obtain as the consideration for performing those undertakings?

    This test is applicable whether or not the event occurs as a result of the default of one of the parties to the contract, but the consequences of the event are different in the two cases.

  • White and Carter (Councils) Ltd v McGregor
    • House of Lords
    • 06 Dec 1961

    It may well be that, if it can be shown that a person has no legitimate interest, financial or otherwise, in performing the contract rather than claiming damages, he ought not to be allowed to saddle the other party with an additional burden with no benefit to himself. If a party has no interest to enforce a stipulation he cannot in general enforce it: so it might be said that if a party has no interest to insist on a particular remedy he ought not to be allowed to insist on it.

  • Gunton v Richmond-upon-Thames London Borough Council
    • Court of Appeal (Civil Division)
    • 03 Jul 1980

    If the only real redress is damages, how can its measure or scope be affected according to whether the contract is regarded as still subsisting or as at an end? To preserve the bare contractual relationship is an empty formality. The difference is fundamental, for there is no legal substitute for voluntary performance.

  • Steadman v Steadman
    • House of Lords
    • 19 Jun 1974

    I think that there has been some confusion between this supposed rule and another perfectly good rule. You must not first look at the oral contract and then see whether the alleged acts of part performance are consistent with it. You must first look at the alleged acts of part performance and see whether they prove that there must have been a contract and it is only if they do so prove that you can bring in the oral contract.

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Legislation
  • Higher Education and Research Act 2017
    • England & Wales
    • January 01, 2017
    ...... 1 . The Office for Students Part 1 . The Office for Students . Establishment of the Office for Students ... by the OfS, with such information for the purposes of the performance of the OfS’s functions as the OfS may require it to provide, and . (c) ......
  • Intellectual Property Act 2014
    • England & Wales
    • January 01, 2014
    ...... 1 . Design Part 1 . Design . Unregistered design right Unregistered design right . S-1 ... S-22 . Recognition of foreign copyright works and performances 22 Recognition of foreign copyright works and performances . (1) In ......
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... 1 . Preliminary PART 1 . Preliminary . S-1 . Overview 1 Overview . . (1) This Act makes ... (e) to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of the ......
  • The Building Regulations 2010
    • UK Non-devolved
    • January 01, 2010
    ...... 1 . General PART 1 . General . S-1 . Citation and commencement Citation and commencement ... by regulation 28 (consequential improvements to energy performance). . (2) An alteration is material for the purposes of these Regulations ......
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Law Firm Commentaries
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