Dis. by Performance
What is discharge by performance?
Discharge of contract is the termination of contractual obligations between parties.
What is frustration of contract?
An unexpected event makes contractual performance impossible.
What is frustration of purpose?
The contract’s main purpose becomes impossible to achieve.
What is discharge of contract by agreement?
Both parties agree to end their contractual obligations.
What is a breach of contract?
Breaking a legally binding agreement.
State two types of contract performance.
Complete performance and partial performance.
What causes frustration of contract?
Unexpected events beyond the parties’ control.
Give two methods to discharge of contract
Frustration and agreement
Who must agree to discharge a contract?
Both parties must agree.
Name one example of a breach of contract.
Failing to deliver goods as agreed.
Andrew paints Carla’s shop; Carla pays. What happens?
The contract is discharged by performance.
Give one example of frustration of contract.
A fire destroys a building rented for business.
Give one example of frustration of purpose.
A cancelled parade makes hiring viewing space pointless.
Give one example of discharge by agreement.
Both parties agree to cancel a rental contract.
What happens when a contract is breached?
The innocent party may claim damages.
What is complete performance?
All agreed contractual duties are fulfilled.
Can parties control frustrating events?
No, these events are beyond their control.
Must performance become impossible for frustration of purpose?
No, performance may remain possible but pointless.
Can a contract end through mutual agreement?
Yes, both parties can mutually agree to terminate it.
Who commits a breach of contract?
A party who fails to fulfil contractual obligations.
What is partial performance?
Only some agreed contractual duties are completed.
What happens when a contract becomes frustrated?
The parties are generally released from future obligations
What happens when a contract’s purpose is frustrated?
The contract may be discharged under applicable law.
What happens after a contract is discharged by agreement?
The agreed contractual obligations generally come to an end.
Can a breach lead to contract termination?
Yes, certain breaches allow the innocent party to terminate.