Lecture on The Law of Contract 07

Law of Contract

Discharge of contract

Every contract is made to fulfill a legal obligation and which such obligation is fulfill the contract will be Discharge. After discharge a contract no obligation is rest to the parties. A contract may be discharge by the following ways—–

Discharge of contract by performance
Discharge of contract by offer of performance or tender
Discharge of contract by Breach of contract
Discharge of contract by impossibility performance
Discharge of contract by operation of Law
Discharge of contract by Mutual consent

1. Discharge of contract by performance

When all the parties of the contract are fulfill there obligations according to the term of contract, the contract will be discharge with the fulfillment of the performance of the last obligation.

2. Discharge of contract by offer of performance or tender

A contract may be discharge by offer of performance or tender. In this case one parties of the contract have fulfilled his obligation and request to the other party to fulfill his obligation. But if the other parties fail to perform his obligation or made and undue delay without any responsible cause, the first party will be entitled to discharge the contract. He is also entitled to get compensation by suit.

3. Discharge of contract by Breach of contract

A contract may be discharge by breach of any terms of it by any parties of the contract. When any parties of the contract violet any terms of it the other party is entitled to discharge the contract the contract. He is also entitled to get compensation by suit.

4. Discharge of contract by impossibility performance
A Contract may be discharge by impossibility of its performance. In this case when the contract is made the obligation arrange from it were possible to perform but the time of its performance it is not possible to perform. By this way a contract may be discharge and the situation is known as doctrine of superveng impossibility. In the following case a contract may be discharge by the case of the doctrine of superveng impossibility—-

Impossibility arranging due to change of law.
Impossibility arranging out of the died of the any parties
Impossibility arranging out of incapacitating illness of one of the parties.
Discharge of contract due to the distraction of a specific thing essential for the performance of contract
Discharge of contract by the frustration of preps of the contract.
Discharge of contract by change of circumstances.
Discharge of contract due to the absence pre-conditions.

5. Discharge of contract by operation of Law

A contract may be discharge by the operation of Law. Any parties of the contract may discharge the contract with a decree of the civil court by suit.

6. Discharge of contract by Mutual consent

A contract may be discharge with the Mutual consent of the all parties of the contract. All the parties of a contract get exemption from the contractual liability by there free Mutual consent.

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