Discharge of contract Flashcards
What does discharge mean?
The end of a contract
What is the common case where contracts are discharged?
When both parties complete their obligations under the contract.
What is it called when both parties fulfil the contract?
Discharge by performance.
How else can a contract be discharged?
By frustration
When is a contract discharged by frustration?
When a contract cannot be performed due to events outside the party’s control
What happens in the event of a contract being frustrated?
The contract ends as soon as the event occurs.
When does a breach of contract occur?
If either party fails to perform one or more of their contractual terms.
What happens to primary obligations when they are breached?
They are replaced by secondary obligations, e.g pay injured party damages