DISCHARGE OF CONTRACT SAAD SHAIKH www bmsproject weebly

DISCHARGE OF CONTRACT SA’AD SHAIKH www. bmsproject. weebly. com, www. mymba. weebly. com

MEANING • The contractual relationship come to an end when the rights and obligations arising out of such a relationship are extinguished. • When these contractual relations comes to an end, it is called “Discharge of Contract”. • A contract maybe discharged in a number of ways. www. bmsproject. weebly. com, www. mymba. weebly. com

WAYS OF DISCHARGE OF CONTRACT • BY PERFORMANCE • BY SUPERVENING (SUBSEQUENT) IMPOSSIBILITY (SECTION 56) • BY MUTUAL AGREEMENT (SECTION 62) • BY OPERATION OF LAW • BY BREACH OF CONTRACT • BY LAPSE OF TIME www. bmsproject. weebly. com, www. mymba. weebly. com

BY PERFORMANCE • This is the desirable mode of discharge of contract. • Here, the parties have fulfilled their obligations and thus the contractual relations come to an end. • A contract can be discharged under this in two ways: • Actual Performance • Attempted Performance (tender of performance) www. bmsproject. weebly. com, www. mymba. weebly. com

BY SUPERVENING (SUBSEQUENT) IMPOSSIBILITY (SECTION 56) • Sometimes the performance of a contract may become impossible subsequent to the formation of a contract. • This is called subsequent of supervening impossible. This results in discharge of contract. Under Section 56, a contract is discharged for the following reasons: • Destruction of subject matter • Death of incapacity of party • Change of law • The foundation of the contract ceases to exist • Declaration of war www. bmsproject. weebly. com, www. mymba. weebly. com

BY MUTUAL AGREEMENT (SECTION 62) • A contract is created by the parties to it, and hence, it can be terminated by the mutual disagreement between the parties. These are the ways by which a contract can be discharged under mutual agreement: • Novation • Alteration • Recission (Section 64) • Remission (Section 63) • Waiver www. bmsproject. weebly. com, www. mymba. weebly. com

BY OPERATION OF LAW • A contract comes to an end by operation of law in the following circumstances: • Death • Insolvency • Merger • Unauthorized material alternation www. bmsproject. weebly. com, www. mymba. weebly. com

BY BREACH OF CONTRACT • The breach of contract brings to an end the obligations created by a contract on the part of each of the parties. The agreed party in this case gets the right to rescind the contract. Therefore, such a breach leads to discharging of the contract. A breach of contract can be further classified into two ways: • Actual breach of contract • Anticipatory breach of contract www. bmsproject. weebly. com, www. mymba. weebly. com

BY LAPSE OF TIME • The Indian Limitation Act provides the time within which an aggrieved person can file a suit in the court of law for the enforcement of his legal rights arising out of contract. • If the period of limitation expires according to the Indian Limitation Act, the promisee cannot enforce the promisor and the contract is discharged. www. bmsproject. weebly. com, www. mymba. weebly. com

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