case on Dischare of contract

  • 167 views
Uploaded on

 

More in: Law , Business , Technology
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
167
On Slideshare
0
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
5
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. PRESENTATION By Deepali Kasrekar, LLM, University of Pune,2012
  • 2. PRESENTED BY MEHVISH REHMAN
  • 3. DISCHARGE OF CONTRACT  Rights and obligations arising out of a contract come to an end, the contract is said to be discharge or terminated.
  • 4. DISCHARGE OF CONTRACT Means termination of the contractual relation between the parties to a contract.
  • 5. MODES OF DISCHARGE OF CONTRACT By Deepali Kasrekar, LLM, University of Pune,2012
  • 6. MODES OF DISCHARGE 6 Modes of discharge: Discharge by Performance Discharge by Agreement Discharge by Subsequent impossibility Discharge by Lapse of time Discharge by Operation of law Discharge by Breach of contract
  • 7. DISCHARGE BY PERFORMANCE
  • 8. DISCHARGE BY PERFORMANCE Natural mode of discharge. When parties of a contract perform their promise. When parties to a contact perform their promises If one of the several parties performs the promise, he alone is discharged.
  • 9. DISCHARGE BY PERFORMANCE Performance may be: Actual performance Tender
  • 10. DISCHARGE BY PERFORMANCE Actual performance When both parties to a contract fulfill the obligation according to the terms and conditions of the contract.
  • 11. DISCHARGE BY PERFORMANCE Tender Also known as offer of performance or attempted performance. One of the parties to the contract offer to perform the contract but the other party does not accept it. Not an actual performance but equivalent to actual performance
  • 12. ESSENTIAL TO A VALID CONTRACT It must be unconditional. Made at proper time and proper place. Made by person who is able to perform the promise. Made to the promisee or his agent. In case of money tender, exact amount should be tendered.
  • 13. DISCHARGE BY AGREEMENT
  • 14. DISCHARGE BY AGREEMENT Can be discharge in following ways: Novation Alteration Rescission Remission Waiver
  • 15. DISCHARGE BY AGREEMENT Novation Means replacement of existing contract by a new one. May be between same or new parties. Alteration When one or more terms of the contract are changed.
  • 16. DISCHARGE BY AGREEMENT Rescission Cancellation of contract by mutual consent. Remission Acceptance of lesser fulfilment of a promise that was made. Waiver Intentional abandonment of a right which a person is entailed to under a contract.
  • 17. DISCHARGE BY SUBSEQUENT IMPOSSIBILITY Initial impossibly An agreement to perform an impossible act is viod ab-initio. E.g. discover treasure by magic. Subsequent impossibility A contract capable to be performed after formation becomes impossible, or unlawful and as a result void.
  • 18. DISCHARGE BY SUBSEQUENT IMPOSSIBILITY  Doctrine of frustration or doctrine of supervening impossibility A Contract will remain valid, If the party to a contract feels difficulty in performing the contract.
  • 19. FACTORS THAT MAKE CONTRACT VOID Destruction of subject matter Subject matter destroyed without the fault of the promisor or promisee. Failure of purpose Formation of contract depends upon happening of a certain event and if event does not happen, the contract discharged.
  • 20. FACTORS THAT MAKE CONTRACT VOID Death or personal incapacity Contract depends upon existence of a particular person, the contact discharged on the illness, incapacity or death of that person. Change of law Contract which are lawful when made, become unlawful due to change in law.
  • 21. FACTORS THAT MAKE CONTRACT VOID Declaration of war Contract entered into with an alien enemy during war is void ab-inito.
  • 22. DISCHARGE BY LAPSE OF TIME
  • 23. DISCHARGE BY LAPSE OF TIME Contract discharge by lapse of time. The limitation act 1908 In case of breach of contract, legal action should be taken within a specific period. The period of limitation for simple contract is 3 years.
  • 24. DISCHARGE BY OPERATION OF LAW
  • 25. DISCHARGE BY OPERATION OF LAW A contract terminates by operation of law in following cases:  Insolvency When court declares a person as insolvent.
  • 26. DISCHARGE BY OPERATION OF LAW  Merger When an inferior right merge into superior right.  Material Alteration Changes in material terms of contract.
  • 27. DISCHARGE BY BREACH OF CONTRACT
  • 28. DISCHARGE BY BREACH OF CONTRACT It may be  Actual breach When party fail to perform the contract.  Anticipatory breach When party declare his intention not to perform the contract.
  • 29. DISCHARGE BY BREACH OF CONTRACT Actual Breach  On due date of performance If fails to perform on due date.  During the course of performance When party perform a part of contract and refuse to perform remaining part.
  • 30. DISCHARGE BY BREACH OF CONTRACT Anticipatory breach It may be  Express breach  Implied breach
  • 31. DISCHARGE BY BREACH OF CONTRACT Effects of Anticipatory breach:  Promisee excused from performance.  He treat the contract as rescinded.  Ignore the promisor conduct & wait for performance.
  • 32. CASE Law on “Dissolution Of Partnership”
  • 33. DISSOLUTION OF PARTNERSHIP In court of senior civil judge, Lahore. Ehsan Ali- (plaintiff) V/S Abbas Mirza - (defendant)
  • 34. PLAINTIFF BEGS TO SUBMIT That plaintiff and defendant have been for a number of years past carrying on business together under partnership. That the partnership business related to sale and purchase of cotton carried on at Shahalam market in Lahore.
  • 35. PLAINTIFF BEGS TO SUBMIT That the partnership business related to sale and purchase of cotton carried on at Shahalam market in Lahore.
  • 36. CONT…… That, in accordance with article of partnership, the defendant was in charge of business and account books. He was also responsible for maintaining proper accounts.
  • 37. CONT…… That several disputes have arisen among them and it has become impossible to carry on business.
  • 38. DEFENDANT HAS COMMITTED FOLLOWING BRANCHES OF PARTNERSHIP ARTICLE:  He has left on hire ½ of the premises belonging to partnership without obtaining permission of plaintiff.  He has pledged a number of partnership articles with a local cotton merchant.
  • 39. CONT……  While plaintiff was away from Lahore for Hajj, the defendant did not record the accounts properly and plaintiff is in dark regarding business
  • 40. CONT.. That the defendant was requested to render accounts to plaintiff acc to terms of partnership, but he did not do so and action has become necessary. That the cause of action arose against defendant is due to his refusal on demand.
  • 41. IT WAS REQUESTED BY PLAINTIFF THROUGH ADVOCATE FAZAL-UR- REHMAN THAT: A decree of dissolution of partnership be made. The accounts of partnership be ordered to be taken.
  • 42. IT WAS REQUESTED BY PLAINTIFF THROUGH ADVOCATE FAZAL-UR- REHMAN THAT: A receiver be appointed. On obtaining accounts a final decree for sum to plaintiff be passed in favor of plaintiff against defendant with cost.