A contract is said to be

discharge when the obligation

created by it come to an end.

Discharge
of contract
1By
performance
By agreement
By
impossibility
By operation
of law
By breach of
contract
Actual
Attempted
Expressed
Implied
Excusable
Non
Excusable
1.Unauthoized
material
alteration
2.Death
3.Insolvency
4.merger
1.Actual
2.Anticipatory
1.Novition
2.Recission
3.Alteration
4.Remission
5.Waiver
6.Merger

1.Destruction of
subject matter
2.Death
3.Change of law
4.Declaration of war
1.Difficulty in
performance
2.Commercial
impossibility
3.Failure of third
party
4.Strike/lockout
It take place when the parties to a
contract fulfill their obligation arising
under the contact within the time and
the manner prescribed.
The contract rests on agreement of
the parties. The parties may get
discharge from the obligation of
performance of contract by agreement.
The discharge by consent may be
Express or Implied. Discharge by
consent- (a)Novation :when a new contract is
substituted for an existing one, either between the
same parties or between the one of parties and the
third party.(b)Rescission: when all or some of
the terms of contract are cancelled. (c)
alteration: when one or more terms of the
contract is/are altered by the mutual consent of the
parties to contract.(d)Remission : Acceptance of
lesser fulfillment of the promise made (e)Waiver:
Intentional relinquishment or giving up a right by a
party entitled thereto under contract.
3.Discharge by
impossibility..
Impossibility of performance may be-
1)Initial impossibility or(2)Supervening impossibility
(1)Initial impossibility-An agreement to do
impossible act in itself is void.
(2)Supervening impossibility- impossibility
which arises subsequent to the formation of contract
is called supervening impossibility. The case c-
overed by of supervening impossibility
include: (a)Destruction of the subject mater
(b)Non-Existence or non-occurrence of a particular state of
things.
(c) death or incapacity for personal service
(d) change of law,
( e) outbreak of war.














9
The contract is discharged in these
Cases.
The following cases are not
covered by supervening
impossibility:
(a)Difficulty of performance
(b) commercial impossibility
(c) failure of a third person on whose the
promisor relied
(d) strikes, lock outs and civil disturbances
(e)Failure of one of the objects
The contract is not-discharge in these cases.
If the contract is not performed
within the period of limitation and if no
action is taken by the promise in a law
court, the contract is discharged.
This includes discharge by,(a)death (b)
merger(c)insolvency(d)unauthorized
alteration of the terms of a written
agreement, and(e)rights& liabilities
becoming vested in the same person.

If a party breaks his obligation which
the contract imposes, there takes place
breach of contract. Breach of contract
may be ,(a) (b)
(a)At the time when the performance is due,or
(b) during the performance of the contract.
occurs when party repudiates his liability or
obligation under contract before time
performance