Performance And Discharge Of Contract

Question 1

5 ways in which contract can be discharged

Answer 1

1, performance
2, impossibility of performance
3, breach ( including anticipatory )
4. Agreement and novation
5. By operation of law

Question 2

1. Performance

Answer 2

1. Must perform unless dispensed with
2. In case of death, representatives are bound
3. If VALID offer to perform not accepted , promisor shall not be bound by non performance , nor does he lose his claims
4. Refusal by promisee - promisor can either refuse or continue
5. Who shall perform - promisor himself , agent , joint promisor
6. Time and place

Question 3

Rts of promisee when BOC
1. When time is essential
2. When time is not essential

Answer 3

1. In commercial contracts TIME usually essential ( WASAO ENTERPRISES vs JJ OIL MILLS )
2. Time considered essential when - expressly agreed , delay = injury , nature and necessity)
3. When time essential - voidable at the option of promisee
4. When time not essential- NOT VOIDABLE ,.but compensation
5. when delayed performance accepted - cannot claim compensation afterwards, unless notice given

I’ll - old lady

Question 4

Bilateral contract - order of performance

Answer 4

1 when mutual and concurrent promise
Ex : sale of goods on payment of price

2. Mutual and independent
   - either fixed by contract
   - or as per nature of transaction
   Ex: a to build house for B
3. Mutual and dependent

Ex: a hired b ship for conveyance of cargo. A doesn’t provide cargo

Question 5

2. Performance by agreement

Answer 5

1. Novation - substitutes a new contract in place of old

Illn- debt between A and B

2. Remission - party who has rt to demand performance
   - may dispense
   - extent time
   - accept any other satisfaction instead of performance

Illn - unascertained debt between a and b

Question 6

3. Breach of contract

Answer 6

1. Party renounces liablity, by his own act makes perf impossible, fails to perform

So includes anticipatory breach and actual breach

2,. Two option
- rescind and sue for boc
- keep it subsisting

Question 7

4. By operation of law

Answer 7

Discharge of a contract by operation of law means that a contract is terminated due to the operation of law, without any specific act or agreement by the parties involved. In other words, the contract is discharged automatically, without any intervention from the parties. The law operates to discharge the contract in certain circumstances

Ex death insanity