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CONTRACTS > DISCHARGE OF CONTRACT > Flashcards

DISCHARGE OF CONTRACT Flashcards

1
Q

Difference between actual performance and attempted performance

A
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2
Q

various ways in contracts are discharged by way of an agreement.

A
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3
Q

Doctrine of Frustration

A
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4
Q

different grounds for impossibility of performance

A
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5
Q

difference between actual brech and anticipatory breach

A
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6
Q

section 37

A

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

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7
Q

exeception of performance under section 37

A

1.such promise is dispensed with by the other party
2.any other provision of the act excuses the promisor to not perform

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7
Q

obligation where a party to the contract dies.

A

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.

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8
Q

Cutter vs Powell

A
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9
Q

SECTION 38

A

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”

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10
Q

section 40

A

by whom contract must be performed.
-in case of personal service

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11
Q

in case of personal skills According to section 40

A

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

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12
Q

in case of third party according to Section 40 – Ishitha

A

painter. college is the representative so

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13
Q

Section 41

A

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

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14
Q

can the promisee insist that the promisor should (or should) personally perform the obligations

A
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15
Q

Section 43

A

any of the joint promisors may be compelled to perform

  • each promisor may compel contribution
  • sharing of loss by default in contribution.
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16
Q

Section 42

A

devolution of joint liabilities

when there are more than one promisors

joint and several liability

unless contrary intention appears

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17
Q

section 44

A

Effect of release of one joint promisor
- would it discahrge other premiers nooo
what about equal contribution ?
others liability increases

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18
Q

Section 45

A

devolution of joint rights
–situation where there are joint promisees
–enforceability of performance
–what happens in case of death of one of the promisees?

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19
Q

section 46

A

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

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19
Q

reasonable time

A

when time is not mentioned in the contract.
when there int a time mentioned in the contract reasonable time is product specific like for example banana and computer

20
Q

section 47

A

Time and place for performance of promise, where time is specified and no application to be made.
– to be performed during usual business hours
– at the place where it ought to be performed.

21
Q

section 48

A

Application for performance on certain day to be at proper time and place.
– promisee has to make an application
–promisee will perform accordingly
aa at the proper place and with usual business hours

22
Q

section 49

A
23
Q

section 50

A

Performance in manner or at time prescribed or sanctioned by promisee.parties are expected to perform as agreed upon in contract.
cannot be modifies or varied unless allowed by the other party or agreed upon through a new contract

24
Q

section 55

A

Effect of failure to perform at fixed time, in contract in which time is essential.

Effect of such failure when time is not essential.

Effect of acceptance of performance at time other than that agreed upon.

time is of essence

25
Q

when can we say time is essential

A

–intention of parties
–express stipulation
–nature of property which is subject-matter of the contract
–nature of contract.

26
Q

can the be extended

A

by agreement? possible
unilaterally? not possible

27
Q

effect of non performance.

A

repudiate
or compensation

28
Q

section 51

A

Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.

Ready and willing ?

29
Q

section 52

A

Order of performance of reciprocal promises
–as agreed in the contract
–inferred through the nature of the transaction

30
Q

section 53

A

Liability of party preventing event on which the contract is to take effect.
remedies:
– voidable
– compensation

31
Q

section 54

A

Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises

–non-performance of 1st promise in order identities from claiming performance from the other
–renders liable to compensation.

32
Q

section 57

A

Reciprocal promise to do things legal, and also other things illegal.
whether legal and illegal promises are severable
-if yes– partly valid
-if not– void

33
Q

section 56

A

Agreement to do impossible act.

contract to do act afterwards becoming impossible or unlawful

compensation for loss through non -perfromance of act known to be impossible or unlawful/
-initial impossibility
subsequent impossibility

34
Q

initial impossibility

A

imposible to do from the start

35
Q

subsequent imp

A

thought it was lawful and possible but leads to be impossible

36
Q

DOCTRINE OF FRUSTARTION

A

– CHAMGE IN CIRCUMSTANCES MAKING THE PERFROMANCE OF CONTRACT IMPOSIIBE

– parties are absolved from performing their promises

  • the intention of parties or purpose which parties have in mind is frustrated

cases:
– initial impossi

37
Q

whether the doctrine of frustration gets attracted in cases of physical impossibility only or also in cases where the underlying object of the contract is frsustared

A

scenario 1: Taylor vs Caldwell
scenario 2:krell vs Henry

38
Q

would commercial difficulty attract doctrine of frustration

A
39
Q

effect of hardship UNIDROIT principals

A
40
Q

force manoeuvre and doctrine of frustration

A
41
Q
A
42
Q
A
43
Q

section 59

A
  • creditor to act act accordingly
  • in case creditor does not agree, payment must not be accepted.
44
Q

section 60

A

creditor is to decide

45
Q

section 61

A
46
Q

contracts need not be performed

A

discharge by agreement and novation
section 62

47
Q

section 62

A

novation- substitution of an
recession

48
Q
A
49
Q

section 63

A

part perfromance
promisee may dispense with or rent performance of promise
- dispense with or remit perfromance, holly or partly
- extend the time pf promise
-accept anything in lieu of the original promise

case:kapur chand ghoda

CONTRACTS (5 decks)

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