Various modes in which a contract may be discharged


Various modes in which a contract may be discharged

Introduction

The discharge of a contract means that when the rights & obligations of the contract come to an end. When discharge occurs, all duties attached with a contract are detached. Discharge of the contract actually is the termination of the contractual relationship between the parties. And there are certain reasons which may discharge the contract. Contract act 1872 provides various modes of discharge of contract

Meaning of Discharge

Discharge of a contract means termination of the contractual relations between the parties of the contract. A contract is said to be discharged when the rights and obligations upon contract come to an end.

Modes of Discharge of Contract

Following are the five modes of discharge of the contract

  1. By Performance
  2. By Agreement
  3. By Impossibility
  4. By lapse of time
  5. By Breach of contract

By Performance

Performance is a common mode of discharge of the contract. It is a legal mode of discharge when the parties of a contract perform their duties according to the agreement then contract automatically gets discharge

Following are the two types of performance

Actual performance

When each party of the contract performs his legal duties according to the terms and conditions of the contract. It is called actual performance

Offer of performance

Offer is also equivalent to performance, when one party offers to another party for performance of legal duties according to the terms and conditions of the contract and it depends upon the discretion of the other party who can refuse to perform .

Essential of valid offer of performance

Following are the essential of valid offer of performance

  1. Offer of performance should be unconditional
  2. Offer of performance should be at proper time
  3. Offer of performance should be at a proper place
  4. Offer of performance must be presented to contractor or his agent
  5. Offer of performance presented to stranger is invalid offer

By Agreement

A contract can also discharge by the new agreement on the place of old agreement between the parties

Following are the ways of discharge of a contract by agreement

Novation

When the parties of the contract create a new contract in place of the old contract. It is called novation

Kinds of novation

Following are the kinds of novation

Sometime novation changes the party

Sometime novation creates a new contract

Rescission

When all or some of the terms of the contract are canceled. It is called rescission

Modes of rescission

Following are the modes of rescission

It may be by mutual consent of the party

When a party fails to perform his contractual obligation, the other party may rescind the contract

Alteration

When one or more of the terms of the contract are altered by mutual consent of the parties. It is called alteration

Remission

When a party discharges the contract without making a new agreement. It is called remission

Merger

When parties of the contract merge multiple lesser rights into superior rights. It is called merger

By Impossibility

A contract also can discharge by Impossibility of performance. If the act becomes impossible to perform after the formation of contract, in this case contract becomes void

Following are the impossibilities

Initial impossibility

When one or both the parties do not have the knowledge that a promise is impossible to perform even they enter into an agreement

Subsequent impossibility

Sometimes a contract is capable of being performed when entered into. But later on under some circumstances it becomes impossible to perform

Factors of impossibility

Following are the factors causing impossible to performance of the contract

  1. Destruction of the subject matter
  2. Death of the person
  3. Personal incapacity
  4. Change of the law
  5. Declaration of the war
  6. By lapse of time

A contract can also discharge by the laps of time because the contract should be performed within the specified time if it is not performed within the time then it will be discharged

By operation of law

A contract can also discharge by the operation of law

Following are the ways of discharge the contract under operation of law

Bankruptcy

When court declares a person as insolvent (Bankrupt) the contract automatically will be discharged and all rights and obligation will be removed and contract will come to an end

By unauthorized alteration

When one party alters the written terms of the contract without the consent of the other party. In this case contract is discharged

By Breach of contract

Contract can also discharge by breach. When one of the parties fails to perform any term of the contract and does not fulfill his contractual responsibilities, in this case contract is discharged

Actual breach

When a party fails to perform a contract, at that time when performance is needed

Anticipatory breach

An action that shows a party's intention to fail to perform its contractual obligations to another party

Express breach

When one of the parties of the contract clearly refuses to perform a contract, in this case contract gets discharge

Implied breach

When one of the parties of the contract not clearly refuses to perform a contract, in this case contract gets discharge

Conclusion

When the rights and obligations of the contract are removed even by failure of performance , operation of law, breach of contract, by agreement or whatever the reason in above cases the contract gets discharged. Under contract act 1872 there are a lot of reason which may discharge the contract or terminate it by failure of required procedures




Ikyan Shah (Advocate High Court)
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+92-302-6111222
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