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A contract can be discharged:
By performance of the contract
By frustration of the contract
Both a and b
Neither a nor b
1] Discharge by Performance
When the parties to a contract fulfil the obligations arising under the contract within the time and manner prescribed, then the contract is discharged by performance.
Example: Peter agrees to sell his cycle to John for an amount of Rs 10,000 to be paid by John on the delivery of the cycle. As soon as it is delivered, John pays the promised amount.
2] Discharge by the Impossibility of Performance
If it is impossible for any of the parties to the contract to perform their obligations, then the impossibility of performance leads to a discharge of the contract. If the impossibility exists from the start, then it is impossibility ab-initio. However, the impossibility might also arise later due to:
An unforeseen change in the law
Destruction of the subject-matter essential to the performance
The non-existence or non-occurrence of a particular state of things which was considered a given for the performance of the contract
A declaration of war
Example: Peter enters into a contract with John to marry his sister Olivia within one year. However, Peter meets with an accident and becomes insane. The impossibility of performance leads to a discharge of the contract.
By: Parvesh Mehta ProfileResourcesReport error
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