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
reasonable time
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
section 47
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.
section 48
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
section 49
section 50
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
section 55
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
when can we say time is essential
–intention of parties
–express stipulation
–nature of property which is subject-matter of the contract
–nature of contract.
can the be extended
by agreement? possible
unilaterally? not possible
effect of non performance.
repudiate
or compensation
section 51
Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.
Ready and willing ?
section 52
Order of performance of reciprocal promises
–as agreed in the contract
–inferred through the nature of the transaction
section 53
Liability of party preventing event on which the contract is to take effect.
remedies:
– voidable
– compensation
section 54
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.
section 57
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
section 56
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
initial impossibility
imposible to do from the start
subsequent imp
thought it was lawful and possible but leads to be impossible
DOCTRINE OF FRUSTARTION
– 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
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
scenario 1: Taylor vs Caldwell
scenario 2:krell vs Henry
would commercial difficulty attract doctrine of frustration
effect of hardship UNIDROIT principals
force manoeuvre and doctrine of frustration
section 59
- creditor to act act accordingly
- in case creditor does not agree, payment must not be accepted.
section 60
creditor is to decide
section 61
contracts need not be performed
discharge by agreement and novation
section 62
section 62
novation- substitution of an
recession
section 63
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
