First Principles of Business Law
Quizz: Performance and breach of contract

Question 16

 

 

 

In the case of Phillips v Ellinson Bros Pty Ltd (1941) 65 CLR 221, Phillips claimed payment for work he had agreed to do for Ellinson Bros.  The court decided that Phillips was not entitled to be paid at the agreed rate for the work he had done.  Which one of the following statements properly describes the reason for this decision?

 

(a)  The agreement between Phillips and Ellinson Brothers was uncertain in its requirements and therefore not enforceable as a contract.

(b)  Despite partial performance, Phillips had not substantially discharged all the obligations, arising from an indivisible contract, that he owed to Ellinson Bros.

(c)   There was a term in the contract that required Phillips to go to arbitration in the event of a dispute, rather than enforce the contract in court.

 

 

 

 

 

 

 

 

  

 

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