Examples Of Discharge Of Contract

Discharge of Contract: The discharge of a contract can be defined by the obligation of the contract has come to an end. They may be discharged in a number of different ways most commonly through discharge through performance disputes. A contract may be terminated as a result of a breach of contract by a single party not holding up their end of the contract while if both the parties on either side of the contract are equally seen as responsible or not at fault it can be seen as a discharge through frustration. Discharge of Contract by Breach: A breach of contract can be defined as a failure to execute the terms of the contract by one of the parties in the contract. A breach itself does not

He also may choose to discharge the contract and all the obligations of the other party. The innocent party in the contract has an option if a breach of contract occurs. However, if the party who is responsible for the breach fails to accept the breach the innocent party is under an obligation to provide the agreed price where the party in breach carry out obligations due under the contract, after making provision for any damages by the breach of contract. An excellent example of a breach of contract can be found in the case of Farley v. Skinner (2001). In 1990 the plaintiff was intending on buying a house in East Sussex. He entered into a contract with the defendant who was a chartered surveyor to inspect and report on the house in question. He was specifically asked to report on the noise from the aircraft. The defendant claimed that the noise from the aircraft was unlikely to have an impact on the house. The trial judge held that this was negligent being that there was a point nearby where there were aircraft stacked while waiting for a landing slot at Gatwick. The trial judge also held that the purchase price of the property coincided with the market value of the house.

As the case between Taylor v Caldwell in Frustration in the previous chapter this was a ground breaking case. Both Taylor and Caldwell could be held as a breach of contract for either party involved as Taylor did not supply the Dance hall as promised. Furthermore, Caldwell did not pay the agreed sum of money to Taylor as stated in the contract. But due to the fact that the fire was not caused by either party, and the circumstances were out of both parties control it was evident that the judge could not rule against either for a breach of contract as it hurt both parties financially. Another interesting case which shows just how similar both discharges can be is the case Condor v. Baron Knights (1966). A 16 year old boy was contacted to play the drums in a band 7 nights a week for 5 years. Through no fault of his own the boy had a mental breakdown and was advised by his doctor not to play any more than 4 nights a week. The band dismissed the claimant who then claimed for wrongful dismissal. The claimant’s action was unsuccessful due to the medical condition which made it impossible for him to complete his contractual obligations thus leading to the contract being frustrated. For very good reason the case could have gone against the defendants as a breach of contract. It was neither party’s fault the boy fell ill but he was willing to see out his