DISCHARGE OF CONTRACT Flashcards
Difference between actual performance and attempted performance
various ways in contracts are discharged by way of an agreement.
Doctrine of Frustration
different grounds for impossibility of performance
difference between actual brech and anticipatory breach
section 37
contracts are voluntary obligation taken to be fulfilled. obligation to perform a promise. obligation to perform the rpomise
– perform- actual performance
– offer to perform- attempt performance
exeception of performance under section 37
1.such promise is dispensed with by the other party
2.any other provision of the act excuses the promisor to not perform
obligation where a party to the contract dies.
1.does it put an end to the obligation of the contract
2.role of representatives/legal hires.
3.when the contract requires personal skills.
Cutter vs Powell
SECTION 38
effect of refusals to accept the performance(tender)
whether promisor can be held liable ?
effect of non- acceptance on part of promisee
essentials for a valid ‘offer of performance”
section 40
by whom contract must be performed.
-in case of personal service
in case of personal skills According to section 40
something that only that person can do so therefore only that party can do. like only a chef can discharge a contract that he needs to do
in case of third party according to Section 40 – Ishitha
painter. college is the representative so
Section 41
effect of accepting performance by one person.
promisee accepts performance of the promise form a third party
can the promisee insist that the promisor should (or should) personally perform the obligations
can the promisee insist that the promisor should (or should) personally perform the obligations
Section 43
any of the joint promisors may be compelled to perform
- each promisor may compel contribution
- sharing of loss by default in contribution.
Section 42
devolution of joint liabilities
when there are more than one promisors
joint and several liability
unless contrary intention appears
section 44
Effect of release of one joint promisor
- would it discahrge other premiers nooo
what about equal contribution ?
others liability increases
Section 45
devolution of joint rights
–situation where there are joint promisees
–enforceability of performance
–what happens in case of death of one of the promisees?
section 46
Time for performance of promise, when no application is to be made and no time is specified.
– to be performed in reasonable time
– what is reasonable time