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 The termination of a
contractual obligation on court orders or mutual
agreement, or caused by breach of contract, frustration of
contract, performance of contract.
Discharge by performance
Discharge by agreement or consent
Discharge by impossibility of performance
Discharge by lapse of time
Discharge by operation of law
Discharge by breach of contract
Actual Performance
 When both parties perform their promises & there is
nothing remaining to perform.
Attempted Performance
 When the promisor offers to perform his obligation, but
promisee refuses to accept the performance. It is also
known as tender
 NOVATION: New contract substituted for old contract with the
same or different parties.
 RESCISSION: When some or all terms of a contract are
cancelled.
 ALTERATION: When one or more terms of a contract is/are
altered by the mutual consent of the parties to the contract.
 REMISSION: Acceptance of a lesser fulfillment of the promise
made.
 WAIVER: Mutual abandonment of the right by the parties to
contract.
 MERGER: When an inferior right accruing to a party to
contract merges into a superior right accruing to the same
party
 Known to the Parties
 Unknown to the Parties
 Subsequent impossibility
 Supervening Impossibility
 Destruction of subject matter
 Non-existence of state of things
 Death or incapacity of personal services
 Change of law
 Outbreak of war
When Impossibility of performance is not an excuse:
 Difficulty of performance – due to some uncontemplated events or delays
 Commercial impossibility – e.g. expectations of higher profits not realised, sudden
depreciation of currency etc
 Impossibility due to failure of a third person on whose work the promisor relied
 Strikes, lock-outs & civil disturbances; unless the parties have specifically agreed in this
regard at the formation of the contract.
 Failure of one of the objects, where there are several objects, does the discharge the contract
 The Limitation Act 1963, clearly states that a contract
should be performed within a specified time called period
of limitation. If it is not performed and if the promisee
takes no action within the limitation time, then he is
deprived of his remedy at law.
 Death
 Merger
 Insolvency
 Unauthorised alteration of the terms of a written
agreement
 Rights & liabilities becoming vested in the same person
 (e.g. bill of exchange gets into the hands of the acceptor)
ACTUAL BREACH
 At the time when the performance is due
 During the performance of the contract
ANTICIPATORY BREACH
 Declaration of not performing the contract before the
performance is due
Discharge of the contract

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Discharge of the contract

  • 1.
  • 2.  The termination of a contractual obligation on court orders or mutual agreement, or caused by breach of contract, frustration of contract, performance of contract.
  • 3. Discharge by performance Discharge by agreement or consent Discharge by impossibility of performance Discharge by lapse of time Discharge by operation of law Discharge by breach of contract
  • 4. Actual Performance  When both parties perform their promises & there is nothing remaining to perform. Attempted Performance  When the promisor offers to perform his obligation, but promisee refuses to accept the performance. It is also known as tender
  • 5.  NOVATION: New contract substituted for old contract with the same or different parties.  RESCISSION: When some or all terms of a contract are cancelled.  ALTERATION: When one or more terms of a contract is/are altered by the mutual consent of the parties to the contract.  REMISSION: Acceptance of a lesser fulfillment of the promise made.  WAIVER: Mutual abandonment of the right by the parties to contract.  MERGER: When an inferior right accruing to a party to contract merges into a superior right accruing to the same party
  • 6.  Known to the Parties  Unknown to the Parties  Subsequent impossibility  Supervening Impossibility  Destruction of subject matter  Non-existence of state of things  Death or incapacity of personal services  Change of law  Outbreak of war When Impossibility of performance is not an excuse:  Difficulty of performance – due to some uncontemplated events or delays  Commercial impossibility – e.g. expectations of higher profits not realised, sudden depreciation of currency etc  Impossibility due to failure of a third person on whose work the promisor relied  Strikes, lock-outs & civil disturbances; unless the parties have specifically agreed in this regard at the formation of the contract.  Failure of one of the objects, where there are several objects, does the discharge the contract
  • 7.  The Limitation Act 1963, clearly states that a contract should be performed within a specified time called period of limitation. If it is not performed and if the promisee takes no action within the limitation time, then he is deprived of his remedy at law.
  • 8.  Death  Merger  Insolvency  Unauthorised alteration of the terms of a written agreement  Rights & liabilities becoming vested in the same person  (e.g. bill of exchange gets into the hands of the acceptor)
  • 9. ACTUAL BREACH  At the time when the performance is due  During the performance of the contract ANTICIPATORY BREACH  Declaration of not performing the contract before the performance is due