If a party enters into an arrangement which can only take effect by the continuance of a certain existing state of circumstances, there is an implied engagement on his part that he shall do nothing of his own motion to put an end to that state of circumstances under which alone the arrangement can become operative." Also where a binding contract is subject to a condition precedent, a term may be implied that a party will not do an act which, if done, would prevent fulfilment of the condition.
By Dharmendra Rautray (Barrister)
Discharged mean terminated. A contract can be discharged by -performance -frustration -Agreement between the parties and -breach If there is a breach of terms of the contract, a contract can be discharged.
An anticipatory breach is a breach of contract in law where one party indicates prior to the time of performance that it will not perform when performance is due.
No, normally there is no expectation of a time limit on the performance of a contract. If there is, it must be negotiated at the time the contract is formed
Generally, complete performance is required to discharge the contract. Anything less is called 'Partial' performance and amounts to a breach of contract.
Frustration is when something happens that makes it impossible to perform the contract or makes it so that performance of the contract would undermine the purpose of the contract, whereas breach is caused by a non-performance under the contract.
The verb for breach is "to breach." For example, "The company breached the contract by failing to deliver the goods on time."
A breach of warranty occurs when a product does not meet the promises made about its quality or performance, while a breach of contract happens when one party fails to fulfill their obligations as outlined in a legally binding agreement.
Individuals have the right to seek remedies such as damages, specific performance, or cancellation of the contract in cases of breach. These remedies aim to compensate the non-breaching party for losses incurred due to the breach of contract.
Discharge usually results from performance but can occur in other ways: i. the occurrence or failure of a condition which a contract is based; ii. breach of contract; iii. by agreement of the parties; and iv. by operation of law
Not necessarily. A material breach of contract occurs when one party fails to perform a significant aspect of the agreement, affecting the overall purpose of the contract. Minor or partial performance may not always constitute a material breach, but it could still lead to issues or disputes between the parties.
Equitable remedies for breach of contract include specific performance, injunctions, rescission, and restitution. These remedies aim to provide fair and just outcomes when a contract is not fulfilled as agreed upon.
Examples of breach of contract include failure to deliver goods or services as promised, failure to make payment as agreed, or failure to meet deadlines. Breach of contract can be resolved through negotiation, mediation, arbitration, or by taking legal action in court. Resolving a breach of contract typically involves seeking damages or specific performance to enforce the terms of the contract.