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Discharge of Contract

Discharge of Contract

by Sakib Hasan Mahim -
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The discharge of a contract refers to the termination of the contractual obligations between the parties involved. A contract can be discharged in several ways, either by the fulfillment of the contractual obligations, agreement of the parties, or due to legal reasons. Here are common ways in which a contract can be discharged:

1. Performance:

  • Definition: The contract is discharged when both parties fulfill their respective obligations as outlined in the agreement.
  • Example: In a contract for the sale of goods, discharge occurs when the seller delivers the goods, and the buyer pays the agreed-upon price.

2. Agreement (Mutual Consent):

  • Definition: The parties may mutually agree to terminate the contract, either by a new agreement or by acknowledging that both parties have fulfilled their obligations.
  • Example: Two parties may agree to end a contract for services if both agree that the services have been satisfactorily provided.

3. Frustration of Contract:

  • Definition: If unforeseen circumstances arise after the formation of the contract, making it impossible to fulfill the contract's purpose, the contract may be discharged due to frustration.
  • Example: A contract to hold an outdoor event may be frustrated if a natural disaster makes it impossible to carry out the event.

4. Breach of Contract:

  • Definition: If one party fails to fulfill its contractual obligations without legal justification, it may result in a breach, allowing the innocent party to discharge the contract.
  • Example: If a construction contractor fails to complete a project within the agreed timeline, the client may discharge the contract due to the contractor's breach.

5. Operation of Law:

  • Definition: Some contracts are discharged by operation of law, meaning that legal principles or statutes automatically terminate the contract.
  • Example: A contract may be discharged by bankruptcy, death, or illegality.

6. Impossibility of Performance:

  • Definition: If performance becomes impossible due to unforeseen events or circumstances, the contract may be discharged.
  • Example: A contract for the sale of specific goods is discharged if the goods are destroyed before the delivery date.

7. Lapse of Time:

  • Definition: If a contract specifies a time limit for performance, and that time passes without performance, the contract may be considered discharged.
  • Example: A contract to deliver goods within a specified timeframe may be discharged if the delivery is not made within that timeframe.

8. Accord and Satisfaction:

  • Definition: Parties may agree to a new arrangement or compromise to settle their contractual obligations, known as an accord and satisfaction.
  • Example: A debtor and creditor may agree to a reduced amount as full settlement of a debt.

Understanding the various ways in which a contract can be discharged is essential for both parties involved. It helps ensure that contractual relationships are ended appropriately, and the parties are aware of their rights and obligations upon discharge. Legal advice may be sought in complex situations or when disputes arise regarding the discharge of a contract.