DISCHARGE OF CONTRACT
WU e ob liga t o is ct ea ted by a co ntJ act coIn es to a i end, cola t
act
DISCHARGE OF CONTRACT
A con track may be discharged in and of the
followiìzg
By mutual agreeme nt
By irr poss ibil ty of performance
WHAT IS BREACH OF CONTRACT
TYPES OF B
XEACHES:
No IIowi ip° a re tfie types of B
caches
î At ticipato ry bi-
each
MATERIAL BREACH:
T Je firsI, and most sever Ape of breach, is ca ed "+narerial
breach.” Cenerøîîy a ma terJaî breach of contract Invomcs one of the
key eleøïents of the con tract not being proveded or unde rta n as
• EFASPLf: If, for Instance, you were to puJ chase a compriter
package one ii e and oøîy rece ive a rnonî tor upon delivery yot r
contract with the proveder would be materially breacîïeó.
MTNORBREACH’
1t's tinportant to be clear that not all breaches of a contract will be
ìnate+-ial aì\d hence Immediately ezJd the wroìtgeô park s
obîJgat ons. In th is case there would have been remedy to the
• ELA MPk E: fior nstance, be If the computer coøïpany delivered
rhe eqti EmeiJI but a cot pİe of pages web e nJissing froìJJ the tiser
man ual. This would no t lead to an iøï med rate ca ncellatJo ø of the
ANTICIPATORY BREACH:
Th ts enz }a ne to seII II e sews ng mach ine to solneone else. o1 poten I z11y fi
le a \ t aga \ st Amanda for- breach of contract.
laws
ACTUAL BREACH:
Thls is of cor rse the most common way titat a party wJll b each a
conf+acf. it occurs when the time arrives for a parry ro pe fo
m
the ì side of an agreemen r and rhey don r perform.
Ixa In ”AU agrees to deIOver 10 kg of rice to ”Hassan” on 0
•
Tl s is far1s
Novein ber AU netsat
to breach
deliver of
rhecontract
I-ice ro by AIi. on
Hnssan ti ne.
ENTl TLEMENT 0 F REME DIES:
RECESSION OF CONTRACT:
When a co iïtract Is broken by one party, the otheI- party may tree t
the contract as rescinded and refuse to perform his of the
•flXAMBLE:ApromirvsB‹o vppȚ100ba¿sofbrvo ar
ain
not deliver
day a Bthe goods
prone isesontothe
payappolnted
the pJ-Ice day. B is dlscliarged
on receip t of goods fro
A n
liable ity to pay the price.
does
HOW RECESSION CAN BE PERFORMED*
. Wi ong or defauî t of adverse
party
. Inadequate considei ation
WHEN RECESSION BE GRANTED:
The cout-t may gran t recess Jon where:
The contract 1s vo1dable by plain tiff.
The coJïtract Is lawful and the defenda n t is to
be
blameô mo re than tfie p aJmill.
WHEN RECESSION BE REFUSED.
The con tract may I-efuse to gJ-ant recession
where:
Plainti ff has exp ressl or irripiied y ì ari fied rhe
ca nnot be restored to theJr ori g øa1 positiOn
due to changed ci rcø msta rices.
This-d party has acqu bred righ t n good Ith a Jïd foJ-
Only a ¡aarr of the contrast is ro he rescinded
and such pan t canno t be separated from the
res t of tlJe con tract
PRINCI PLE OF
DAMAGES:
Where a cont act been broken, rhe hard who
by ch hreacTJ is e titled to receive from tile path
who has firoke+z contract, coInpemation for any loss or
damages caused to hJm thereby, wliich naturally arose from the
usual corirse of things, or
from such breach, or which the parties Łnew, wk en they made the
co ntract, to be like îy to resuit from the breach of it.
KINDS OF DAMAGES
QUANTUM MERUIT:
SPECIFIC PERFORMANCE SHAŁL NOT
GRANTED
BE WHERE:
Mo netaJy compensatJon is adequate I-emedy.
Loni race is of personal na ture.
Court ca nnot supervise the
performance Contract is inequitable to
either party.
Con ti act b\ narure is revocable
Conti-act is made by trustees in bJ-each
of ti-us t.
Contract made by ro rpany is
SUIT FOR INJUNCTION.
