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Discharge of contract: Definition, Example and Related Terms

What is Discharge of contract ?

Discharge of contract refers to the process by which the obligations under a contract come to an end. It essentially means that the contract is no longer active or enforceable, and both parties are freed from any further responsibilities stipulated in the agreement. There are several ways a contract can be discharged, including by performance, mutual agreement, impossibility of performance, acceptance of breach, and operation of law.

For instance, when a contract is fulfilled by performance, both parties have completed their agreed-upon obligations. If all conditions are met, the contract is discharged because there is nothing more to be done.

Contracts can also be discharged by mutual agreement, whereby both parties consent to release each other from their duties. This might occur if circumstances change and continuing the contract is no longer beneficial or necessary for either party.

Discharge due to impossibility can occur when unforeseen events, outside the control of the parties, render the performance of the contract objectively impossible.

In cases of breach, one party's failure to fulfill their obligations may lead to the discharge of the contract if the other party accepts the breach as grounds to end the agreement.

Understanding how and when a contract can be discharged is crucial as it affects the rights and liabilities of the parties involved. It ensures that parties understand when their obligations come to an end and under what conditions they may be released from contractual duties.

Example(s)

  • Scenario Description
    Performance Completion A construction company completes the building project exactly as specified in the contract. The contract is discharged by performance because all duties have been fulfilled.
    Mutual Agreement Two companies agree to cancel their contract due to a sudden regulatory change making their venture unfeasible. The contract is discharged by mutual agreement as both parties consent to termination.
    Impossibility A contract for the supply of goods is rendered impossible to fulfill because the supplier's factory is destroyed in a natural disaster. The contract is discharged due to impossibility.