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Termination of Contract

This document discusses four ways in which a contract can be discharged: 1) Performance of the contract, 2) Impossibility of performance, 3) Consent or agreement of the parties, and 4) Breach of contract. It provides details on discharge by performance, impossibility, agreement or consent, and breach, including relevant sections of law and examples of each type.

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Prettyrush. Co
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58 views

Termination of Contract

This document discusses four ways in which a contract can be discharged: 1) Performance of the contract, 2) Impossibility of performance, 3) Consent or agreement of the parties, and 4) Breach of contract. It provides details on discharge by performance, impossibility, agreement or consent, and breach, including relevant sections of law and examples of each type.

Uploaded by

Prettyrush. Co
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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O N
TI
N A E T
I R AC G
R M A R
E H T
T ISC ON
D FC
O
4 WAYS

Performance of contract
Impossibility of
performance
Consent or agreement of
parties
Breach of contract
DISCHARGE BY PERFORMANCE OF CONTRACT

• Time and place of performance


-Section 49
• Order of performance of
reciprocal promises – section 50
• Contingent contracts – section
34
• Tender of performance – section
38
DISCHARGE BY IMPOSSIBILITY
OF PERFORMANCE
• Section 57 – 2 types of
impossibility
a.At the time the contract
is made
b.After it has been made
SECTION 57(1)

Impossible at the time the


contract is made
See illustrations
SECTION 57(2)

Unlawful or impossible after the


contract is entered
Known as doctrine of frustration
under English law
Contract is frustrated by
occurrence of unexpected
events
Contract is automatically void
FRUSTRATION OF CONTRACTS VIA SUPERVENING
IMPOSSIBILITY

a.Destruction of subject
matters
b.Objects of contract
defeated
c. Death or personal
incapacity
d.Supervening illegality
DISCHARGE BY AGREEMENT

• Section 63 – novation, rescission,


alteration
See illustrations
• Section 64 – remittance
See illustrations
DISCHARGE BY BREACH OF CONTRACT

a.At the time when


performance is due
b.During performance
c.Anticipatory breach –
section 40

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