A contract can be discharged through performance, breach, death, impossibility of performance, agreement of the parties, operation of law, or lapse of time. The doctrine of frustration provides that if an unexpected event occurs that makes performance impossible or unlawful, the contract is discharged. An aggrieved party may sue for specific performance, injunction, damages, or quantum meruit compensation for work performed if a contract is void.

1. UNIT 3
BPOC
LLB I

2. Discharge of
Contract

3. Discharge of Contract
• Discharge means termination.
• A Contract can be discharged by ,
1. By performance
2. By death
3. By refusing tender of performance
4. By breach of contract
1) Actual breach 2) anticipatory breach of contract
5. By impossibility of performance( Doctrine of Frustration)
6. By agreement or by consent
1) by novation 2) by accord & satisfaction 3) by remission &
waiver 4) by rescission
7. By promise ailing to facilities for performance
8. By operation of law
9. By unauthorized material alteration of a contract
10. Discharge by lapse of time.

4. Doctrine of Frustration
Due to some event subsequently happens
performance under a contract becomes impossible or
unlawful.
Some grounds of frustration
Destruction of subject matter
Death or personal incapacity of parties
Change of law
Declaration of war
By an act of God

5. Remedies on
Breach of a
Contract

6. Remedies to Aggrieved party
Suit for specific Performance
Suit for injunction
Suit for damages, for the loss sustained
Suit upon Quantum Meruit
Means as much as earned.
• A claim can be made for part of performance.
1.The injured party can claim reasonable compensation

7. 2.When contract is void , compensation can be
asked from benefiting party
3. Where a contract is divisible, party in default
may sue on quantum meruit.
4. When an indivisible contract for lump sum is
completely performed but badly, party can
claim for lump sum less deduction

8. References
• Mercantile Law N.D.Kapoor, Sultan Chand and
Sons