By Unauthorised material alteration of contract. The old debt of A to B is at end and a new debt from C to B has been contracted. Impossibility falls in the following two categories: 1. Held, A is not discharged from performance of the contract merely because the outbreak of the war has rendered the contract unprofitable. When there is a breach by one party the other party gets a right not to perform his obligations it may also take action against the other party who has failed to perform. Construe the contractual terms in the light of the contract and surrounding circumstances at thetime of its creation. This is because when the parties originally entered into the contract, the rights and duties in terms of contractual obligations were set up.
Discharge of contract by frustration Frustration of a contract occurs where, due to circumstances not considered at the time of the contract, the terms of the contract become impossible to perform, or the commercial purpose of the contract is no longer viable. A contract can be avoided on the ground of supervening impossibility only when the events taking place make the performance of the contract physically or legally impossible as contemplated by the parties at the time of the making of the contract. It discharges to parties from obligations of the original contract. Similarly where one party has committed a breach of contract, the aggrieved party can rescind the contract. Thus, promisee may treat the contract as over without waiting for the arrival the due date of the performance of the contract. The House of Lords held that although the term broken was not a condition, the breach went to theroot of the contract by depriving the charterers of virtually the whole benefit of the contract becausethe issue of such bills was essential to the charterers trade.
The supervening impossibility may be due to any of the following causes: a By the destruction of the subject matter. An action without the knowledge of the proposal is no acceptance. Discharge by Death: Contracts of a personal nature come to an end by the death of the promisor. It was decided that, if a factory premises on which machinery is to be installed is destroyed by fire, or a ship under a charter party is seized by a foreign government, the contract is discharged. X is liable to Y for damages. In the case of dishonour of a cheque damages are awarded taking into consideration the loss to the prestige and goodwill of the customer and the general rule is that the smaller the cheque the greater is the amount of damages.
If the new agreement is invalid it cannot serve as novation, and the original contract continues unless the rights thereunder are expressly abandoned. Where time is not of the essence, a failure to meet contractual obligations in a timely manner will not constitute a failure to substantially perform. The defendants refused to accept delivery arguing that it was too late in the day. A material alteration is one which alters the legal effect of the contract, e. The right of lessee is changed into a right of ownership. Similarly, in a case, two parties contracted to marry each other.
Huckster vs De La Tour. A did not accept the refusal and continued to demand the cargo. A must make compensation to B for the loss caused to her by the non-performance of his promise. . How can a contract be discharged by operation of the law? At the date of the contract both parties knew that a draft compulsory purchase order hadbeen made. It is, however, to be noted that the plaintiff who seeks specific performance must, in his term perform all the terms of the contract which he ought to have performed at the date of the action Pudi Lazarus V.
The consignees wereheld liable upon an implied contract to pay freight pro rata itineris ie, for freight at the contract ratefor the proportion of the voyage originally undertaken which was actually accomplished. In that case, a contract was entered into between two London merchants for the sale of certain goods which are to be imported from Algeria. Agreement Both parties to a contract may agree to terminate the contract under certain conditions outlined in the contract. When the breach take place by either party to contract by his own voluntary act, which makes performance of contract, Anticipatory breach of contract is committed by impossibility of performance. Say you hired a painter to stain your outdoor deck. In the case of breach of contract to marry damages will include compensation for the loss of the feelings and the reputation of the aggrieved party. You offer him a certain amount of money to perform the job.
Speaking to a qualified solicitor will provide you with the best advice on how to proceed. By Death A Contract may be discharged in any of the following way. Heris is declared insolvent by court. If they are suspended, they may be performed after the termination of the war. They are of a different nature and their object is to prevent the parties from committing breach. Where it is possible to divide a contract into separate parts, eg. This an example of a case where applying the entire performance rule led to unjust, absurd results.
If the creditor does not file a suit to recover his debt amount from a debtor within a period of limitation as laid down under the Limitation Act, his remedy is debarred. Consigneesaccepted the cargo at another port to which they had directed it to be delivered. Novation The term implies the substitution of a new contract for the original one. On 1st February, he writes to B that he need not join the service, the contract has been expressly repudiated by A before the date of its performance. It was held that the order had frustrated the contract so the option could not be exercised. An injunction is an order of the court instructing a person to refrain from doing some act which has been the subject matter of a contract, Courts, at their discretion, may grant a temporary or a perpetual injunction for an indefinite period.