Five exceptions to the general rule that performance must be precise and exact
performance are as follows:
- Divisible contracts: Some contracts are by their nature divisible and performance of a part thereof entities the performer to payment for work done.
- Substantial performance: If a party has substantially performed its part of the contract it is entitled to payment for work done whether a contract is substantially performed is a question of fact.
- Partial performance is accepted; It a party to a contract has expressly or by implication agreed to pay for partial performance the party performing is entitled to payment for work done.
- Prevented performance: If a party who is ready and willing to perform part of the contact is prevented from doing so by the others fault such a party is entitled to payment on quantum merit
- Frustration of contract: A contract is frustrated when performance of the obligations become impossible, illegal or commercially useless by reason of extraneous circumstances for which neither party is to blame.
