Discharge

Question 1

Discharge of Duty

Answer 1

I’M FOR SANDI

1) Impossibility of Performance
2) Modification
3) Frustration of Purpose
4) Occurrence of Condition Subsequent
5) Rescission
6) Substituted Contracts
7) Accord and Satisfaction
8) Novation
9) Defenses to Formation
10) Impracticability

Question 2

Impossibility of Performance

Answer 2

Performance becomes objectively impossible to accomplish.

Question 3

Modification

Answer 3

Requires new consideration and mutual assent unless both parties perform which constitutes waiver.

Question 4

Frustration of Purpose

Answer 4

Supervening act not foreseen which destroys the main purpose of the contract which is known by both parties

Question 5

Occurrence of Condition Subsequent

Answer 5

Discharges duty to perform

Question 6

Rescission

Answer 6

Mutual agreement to terminate the contract. Oral sufficient unless rescission falls into statute of frauds.

Question 7

Substituted Contracts

Answer 7

Second contract altering first, requires new consideration. Orals sufficient if not in statute of frauds.

Question 8

Accord and Satisfaction

Answer 8

Agreement intended to compromise an existing obligation. Discharge only upon satisfaction.

Question 9

Novation

Answer 9

Agreement by both parties in delegation to release deligor.

Question 10

Impracticability

Answer 10

Unforeseen event makes contract unconscionable to enforce. Ten Times Rule.