Substantial Performance in UK Law
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Bolton v Mahadeva
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When, however, one looks at the aggregate of the number of defects that he held to have been established, at the importance of some of those defects, and at the way in which some of them prevented the installation being one that did what was intended, I find myself, like my Lord, quite unable to agree that there was a substantial performance by the Plaintiff of this lump-sum contract.
It is upon the application of that converse rule that the Plaintiff's case here fails. This rule does not work hardly upon a contractor if only he is prepared to remedy the defects before seeking to resort to litigation to recover the lump sum. It is entirely the fault of the contractor in this instant case that he has placed himself in a difficulty by his refusal on the 4th December, 1969, to remedy the defects of which complaint was being made.
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R v Soneji (Kamlesh Kumar)
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Having reviewed the issue in some detail I am in respectful agreement with the Australian High Court that the rigid mandatory and directory distinction, and its many artificial refinements, have outlived their usefulness. Instead, as held in Attorney General's Reference (No 3 of 1999), the emphasis ought to be on the consequences of non-compliance, and posing the question whether Parliament can fairly be taken to have intended total invalidity.
I would not regard it as justified to extend the time limit indefinitely, for I do not think that Parliament would have so intended. I would suggest that one should ask if there has been substantial observance of the time limit. What will constitute substantial performance will depend on the facts of each case, and it will always be necessary to consider whether any prejudice has been caused or injustice done by regarding the act done out of time as valid.
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Alfred McAlpine Construction Ltd v Panatown Ltd
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First, if the loss is the disappointment at there not being provided what was contracted for, it seems to me difficult to measure that loss by consideration of the cost of repair. Fourthly, the "loss" constituted by a breach of contract has usually been recognised as calling for an award of nominal damages, not substantial damages.
I turn now to the broader ground on which Lord Griffiths decided the St. Martin's case. He held that the building contractor (B) was liable to the promisee (A) for more than nominal damages even though A did not own the land at the date of breach. He held in effect that by reason of the breach A had himself suffered damage, being the loss of the value to him of the performance of the contract.
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TTI Team Telecom International Ltd v Hutchison 3G UK Ltd
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The court will not grant an injunction in either case unless there has been a lack of good faith. The justification for this lies in the commercial purpose of the bond. Such a bond is, effectively, as valuable as a promissory note and is intended to effect the 'tempo' of parties' obligations, in the sense that when an allegation of breach of contract is made (in good faith), the beneficiary can call the bond and receive its value pending resolution of the contractual disputes.
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Land and Buildings Transaction Tax (Scotland) Act 2013
... ... held for the purpose of securing the payment of money or the performance of any other obligation ... (3) See also paragraphs 21 to 24 of schedule ... 2015/108, art. 2 ... 9: Completion without substantial performance ... (1) If the transaction is completed without previously ... ...
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Copyright, Designs and Patents Act 1988
... ... by section 182(1) (b) (consent required for live broadcast of performance) ; and(c) a right for authors of sound recordings and performers to share ... doing of it—(a) in relation to the work as a whole or any substantial part of it, and(b) either directly or indirectly;and it is immaterial ... ...
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The Public Contracts Regulations 2015
... ... Technical Assessment” means the documented assessment of the performance of a construction product, in relation to its essential characteristics, ... , oral communications with tenderers which could have a substantial impact on the content and assessment of the tenders shall be documented to ... ...
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Finance Act 2022
... ... (b) (but before the “and” at the end) insert—(ba) each performance is intended to be given to an audience of not less than five ... which is a member of the same group as it, has or have a substantial interest in a relevant joint venture company ... (2) See section 40 for ... ...
- THE DOCTRINE OF SUBSTANTIAL PERFORMANCE: CONDITIONS AND CONDITIONS PRECEDENT
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New Methods for Forecasting Inflation, Applied to the US*
Models for the 12‐month‐ahead US rate of inflation, measured by the chain‐weighted consumer expenditure deflator, are estimated for 1974–98 and subsequent pseudo out‐of‐sample forecasting performan...... ... for 1974–98 and subsequent pseudo out- of-sample forecasting performance is examined. Alternative forecasting approaches for different information ... compared with benchmark univariate autoregressive models, and substantial out-performance is demonstrated including against Stock and Watson’ s ... ...
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Performance improvement. Part 1. Forget the acronyms
This two‐part article focuses on the need to ignore the many acronym‐based initiatives and programmes that tend to drive business performance. The author recommends that people must play a critical...
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Government Employment and Wages and Labour Market Performance
Government wage, benefit, and employment decisions are not taken on a profit‐maximizing basis, and have a substantial impact on aggregate labour market performance and unemployment. In a two‐sector...... ... The sign and size of the wage differential notwithstanding, government employment in most countries carries substantial additional advantages in terms of job security (in many cases, governments effectivel y offer employ- ment for life), as well as fringe bene®ts ... ...
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Work Obligations And The Farm-Out Agreement: The Consequences Of Partial Performance
... ... The farming-out party may be required to transfer a substantial portion of the interest defined in the farm-out agreement without receiving the benefit of a well which fully meets the specifications defined in the ... ...
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Higher SDLT Rates For Second Homes
... ... 2016; contracts entered into before 26 November 2015 where substantial performance or completion takes place between 26 November 2015 and 31 ... ...
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Date Stamp 1 March 2019: Deadline Reduced for UK Stamp Duty Payment and Filing
The time the UK allows a purchaser for filing a Stamp Duty Land Tax (SDLT) return and paying any tax due to HM Revenue and Customs is about to decrease substantially. Where the “effective date” of ...... ... , then the effective date will occur earlier, on the date of substantial performance. Substantial performance is decided on a case-by-case basis ... ...
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SDLT: same tax; different filing window
From 1 March 2019 the window to file a Stamp Duty Land Tax (“SDLT”) return, and pay any SDLT due, will reduce from 30 days to 14 days from the effective date of the transaction.... ... ” before completion, the effective date is the date of that substantial performance. Examples of substantial performance include where a ... ...