2. Introduction
• Discharge of contract means termination of the
contractual relationship between the parties. A
contract is said to be discharged when it ceases
to operate. i.e. when the rights and obligations
created by it comes to an end.
3. Modes of Discharge of Contract
By
Performance
Actual
Attempted
By Mutual
Agreement or
Consent
Novation
Alteration
Rescission
Remission
Waiver
By
Impossibility
of Performance
Initial
Impossibility
Supervening
Impossibility
By Lapse of
Time
By Operation
of Law
Death
Merger
Insolvency
Unauthorized
Material
Alteration
Identity of
Promisor and
Promisee
By Breach of
Contract
Actual
Anticipatory
5. By Mutual Agreement or Concent
• Novation
• Alteration
• Rescission
• Remission
• Wavier
6. By Impossibility of Performance
• Initial Impossibility
▫ Known to the Parties
▫ Unknown to the Parties
▫ Known to the Promisor Only
• Supervening Impossibility
▫ Destruction of Subject Matter
▫ Death or Incapacity for Personal Services
▫ Declaration/Outbreak of War
▫ Change of Law
▫ Non-Existence or Non-Occurance of a Particular State
of Things Necessary for Performance
7. By Lapse of Time
• Every contract under the contract should be
performed within a time limit. The contract is
discharged if its not performed or enforced
within a specified period called as the period of
limitation.
8. By Operation of Law
• Death
• Merger
• Insolvency
• Unauthorized Material Alteration
• Identity of Promisor and Promisee
9. By Breach of Contract
• Actual
▫ At the Time of the Performance
▫ During the Performance
• Anticipatory
▫ By an Act of the Promisor making Performance
Impossible, i.e. Implied Repudication
▫ By Renunciation of the Obligation, i.e. Express
Repudiation