Home > Topics > Business Laws > Modes of Discharge of Contract

Modes of Discharge of Contract ๐Ÿ”š

Discharge means termination of the contractual relationship. The parties are free from obligations.


1. By Performance โœ…

  • Actual: Job done.
  • Attempted (Tender): Tried but rejected.

2. By Mutual Agreement ๐Ÿค

  • Novation: New contract replaces old one (New parties or new terms).
  • Alteration: Changing terms (Same parties).
  • Rescission: Cancellation.
  • Remission: Accepting less than due (e.g., Accepting โ‚น800 for โ‚น1000).
  • Waiver: Giving up rights.

3. By Impossibility (Frustration) ๐Ÿ›‘

  • Initial: Impossible from start (Magic).
  • Supervening: Became impossible later (e.g., Hall burnt down before wedding).
  • Note: Commercial difficulty (high price) is NOT impossibility.

4. By Lapse of Time โณ

  • If not enforced within Limitation Act period (usually 3 years), debt becomes time-barred.

5. By Operation of Law โš–๏ธ

  • Death (Personal skill contracts).
  • Insolvency.
  • Merger.

6. By Breach ๐Ÿ’”

  • Refusal to perform.
Novation vs Alteration

Novation: Old contract dead. New contract born. (Can change parties). Alteration: Old contract modified. (Parties remain same).


Quiz Time! ๐ŸŽฏ

Loading quizโ€ฆ


๐Ÿ’ก Final Wisdom: "A contract is born by Agreement, and it usually dies by Performance. But sometimes it dies by Accident (Frustration) or Murder (Breach)!" โšฐ๏ธ

Next up: Breach of Contract - Breaking the promise! ๐Ÿ’”