Bolton v Mahadeva case study notes detailed. Here are some helpful notes about an important case for LAW20019. This will be very helpful for the exam. PDF

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Here are some helpful notes about an important case for LAW20019. This will be very helpful for the exam....

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Bolton v Mahadeva [1972] 1 WLR 1009 FACTS Bolton agreed to install a central heating system in Mahadeva’s home for £560. When the work was complete, Mahadeva refused to pay because the system gave out offensive fumes and did not heat the house properly. Remedial work could be performed, but it would cost £174.50.

ISSUE The critical prerequisite for the doctrine of substantial performance to operate is that actual performance must be substantially that which was agreed.

COURT RULING Having regard to the object of the contract (the provision of a working central heating system), the character of the defects and the relative cost of the necessary remedial work, Bolton had not substantially performed what was required of him. The basic rule, that entire contracts must be exactly performed, continued to apply and he was not entitled to recover any part of the agreed price....