Reference no: EM133472393

Paul recently bought a HDB flat that was situated right next to an expressway. The constant noise from the traffic and the wind was causing him sleepless nights.

Hence, he decided to engage FixIt Pte Ltd ("FixIt") to install double-glazed glass panes on all his windows at a price of$100 per window. He was hoping that the double-glazing would reduce the noise from the expressway and also prevent the wind from coming into the flat.

Jerry, the boss of FixIt, came to inspect the windows before his team started work and issued an invoice for $1,000 for 10 windows. Paul decided to further negotiate the price. Jerry, anxious to close the deal, said, "Okay, we'll do it for a special price of $800, payable upon completion of the works."

Two weeks later, FixIt finished the double-glazing of the windows. Upon inspection of the windows, Paul found that one of the 10 windows was not double-glazed and all of them still let in a small amount of wind.

FixIt agreed to double-glaze the remaining one window, but FixIt also insisted that monies be paid for the nine windows that were already double-glazed.

Examine whether the contract between Paul and FixIt has been discharged by performance, and conclude whether FixIt is entitled to any payment for the work that it has done. In your answer, you are required to discuss the precise performance rule and all of the exceptions.