Discharge Of Contract Flashcards
Discharge
When a contract is brought to an end
Frustration
Applies where an unforeseen event makes performance of contract impossible
Discharge by performance
When a contract is brought to an end because both parties have performed their obligations of that contract
Quantum Meruit basis
They can claim for the elements of the contract performed but not for the elements not performed
Substantial performance
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
Part performance
When 1 party has fulfilled their obligations but not entirely and the other party is willing to accept this
Actual breach
When the D fails to perform their obligations of the contract
Anticipatory breach
When 1 contractual party informs the other before the expected performance that they will not be performing their contractual obligations