Dischrage of contract-9

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Dischrage of contract-9

  1. 1. Discharge of contract
  2. 2. 1.Discharge by performance Actual performance Attempted performance or tender
  3. 3. 2. Discharge by agreement or consenta) Novationb) Rescissionc) Alterationd) Remissione) Waiverf) Merger
  4. 4. 3. Discharge by impossibility of performance1. Impossibility existing at the time of agreement.2. Impossibility arising subsequent to the formation of contract.
  5. 5. Discharge by supervening impossibility1. Destruction of subject-matter of contract.2. Non-existence or non-occurrence of a particular state of things.3. Death or incapacity for personal service.4. Change of law or steeping in of a person with statutory authority.5. Outbreak of war.
  6. 6. Impossibility of performance-not an excuse Difficulty of performance Commercial impossibility Impossibility due to failure of a third person Strikes, lockouts and civil disturbance Failure of one of the objects
  7. 7. Effects of supervening impossibilityDoctrine of frustration
  8. 8. 4. Discharge by lapse of time
  9. 9. 5. Discharge by operation of lawa) By deathb) By mergerc) By insolvencyd. By unauthorized alteration of the terms of a written agreemente) By rights and liabilities becoming vested in the same person
  10. 10. 6. Discharge by breach of contract1. Actual breach of contract • At the time when the performance is due. • During the performance of the contract.2. Anticipatory breach of contract • By expressly renouncing his obligation under the contract. • By doing some act so that performance of his promisee becomes impossible.

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