Discharge Of Contract Flashcards

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1
Q

Discharge

A

When a contract is brought to an end

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2
Q

Frustration

A

Applies where an unforeseen event makes performance of contract impossible

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3
Q

Discharge by performance

A

When a contract is brought to an end because both parties have performed their obligations of that contract

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4
Q

Quantum Meruit basis

A

They can claim for the elements of the contract performed but not for the elements not performed

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5
Q

Substantial performance

A

If a party has done substantially what is expected of them under the contract - the other party can claim for the elements not completed on the contract

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6
Q

Part performance

A

When 1 party has fulfilled their obligations but not entirely and the other party is willing to accept this

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7
Q

Actual breach

A

When the D fails to perform their obligations of the contract

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8
Q

Anticipatory breach

A

When 1 contractual party informs the other before the expected performance that they will not be performing their contractual obligations

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