Partial performance

The completion or provision of a part of the agreement either party of a contract has agreed.

Part or Partial performance of a contract refers to the fulfilment of that part of the contract that constitutes part or partial performance as agreed by the parties.

Should one party complete a part of the contract the other party may agree to pay for the part of the contract that has been done and that no further work need be done, there should be a real and proper option available to the party to decide if he is able to accept part performance or not.

In Christy v Row (1808) the plaintiff was transporting coal for the defendant.  The coal was going from England to Germany but he was unable to deliver the coal to the port stated in the contract due to war.  The defendant asked for the coal to be delivered to a different port which he did.  The defendant then refused to pay and the plaintiff sued.  The plaintiff was successful as the defendant had by his request accepted partial performance.

 

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