Modes of Discharge of Contract ð
Discharge means termination of the contractual relationship. The parties are free from obligations.
1. By Performance â
- Actual: Job done.
- Attempted (Tender): Tried but rejected.
2. By Mutual Agreement ðĪ
- 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 âđ800 for âđ1000).
- Waiver: Giving up rights.
3. By Impossibility (Frustration) ð
- 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 âģ
- If not enforced within Limitation Act period (usually 3 years), debt becomes time-barred.
5. By Operation of Law âïļ
- Death (Personal skill contracts).
- Insolvency.
- Merger.
6. By Breach ð
- 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! ðŊ
Test Your Knowledge
Question 1 of 5
1. Discharge by 'Novation' means:
ðĄ Final Wisdom: "A contract is born by Agreement, and it usually dies by Performance. But sometimes it dies by Accident (Frustration) or Murder (Breach)!" â°ïļ
Next up: Breach of Contract - Breaking the promise! ð
