The discharge of a contract refers to the termination of contractual obligations. In India, discharge of contract cases can arise in various ways, including performance, agreement, breach, frustration, and impossibility. In this article, we will take a closer look at discharge of contract cases in India and the legal framework governing them.
Performance
A contract is said to be discharged by performance when both parties fulfill their contractual obligations. If one party performs their obligations, but the other party fails to do so, then the latter will be deemed to have breached the contract. However, if the performance is not in compliance with the terms of the contract, then it may not amount to discharge.
Agreement
A contract can be discharged by agreement when both parties agree to terminate the contract. The agreement can be either express or implied. In cases where the parties explicitly agree to discharge the contract, it is referred to as an express agreement. On the other hand, if the circumstances suggest that the parties have mutually agreed to discharge the contract, it is deemed to be an implied agreement.
Breach
A contract can be discharged by breach when one party fails to perform their contractual obligations. In India, the Indian Contract Act, 1872, provides remedies for breach of contract cases, including damages, specific performance, and injunctions.
Frustration
A contract can be discharged due to frustration when circumstances arise that make it impossible for either party to perform their obligations. For example, if the subject matter of the contract is destroyed, then the contract becomes impossible to perform, and the parties are discharged from their obligations.
Impossibility
A contract can be discharged due to impossibility when it becomes impossible for either party to perform their obligations. For example, if a person agrees to deliver goods to another person, but the goods are destroyed before the delivery date, then the contract becomes impossible to perform, and the parties are discharged from their obligations.
Conclusion
In India, the discharge of contract cases can arise in various ways, including performance, agreement, breach, frustration, and impossibility. The Indian Contract Act, 1872, provides a legal framework for the discharge of contract cases, including remedies for breach of contract cases. It is essential for parties to carefully consider their contractual obligations and the legal framework governing their contracts to avoid any potential disputes or misunderstandings.
