Lecture 6: Discharge of contractual obligations Flashcards
1
Q
performance in context
A
- duties of performance arise from the creation of a contract containing particular terms
- these terms give rise to legally enforceable obligations (rights and duties)
- performance expected to be done
2
Q
determining the required performance
A
- performance required depends on the particular terms of the contract
- performance depend on how it is drafted
3
Q
the effect of performance
A
- voluntary performance discharges the obligations
- when all the obligations are discharged, the contract is at an end
- failure to perform voluntarily is a breach of contract