have to determine the issue whether she is can discharge the contract that she has made with GRG International Music Hall and whether she have to return back the RM6‚ 000 that she received in advance as a deposit from GRG International Music Hall. The principal that can be used as a reference in order to solve this problem is section 57(2) and section 66 of Contracts Act 1950. According to section 57(2)‚ it is clearly stated that when the contract is impossible to perform due the personal incapacity
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DISCHARGE OF A CONTRACT Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract: a) Discharge by performance b) Discharge by agreement c) Discharge by breach d) Discharge by frustration DISCHARGE BY PERFORMANCE For this the courts expect performance to be exact and complete. This means that it must match contractual obligations RE MOORE AND LANDAUER (1921) If requiring a contract
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DISCHARGE Written by Mardi Szantyr Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: 1. by performance 2. by agreement 3. by frustration 4. by breach Each one of these methods of discharge will be considered. Discharge by performance The contract comes to an end when both parties perform their contractual obligations. Performance must substantially correspond with what the parties agreed allowing for minor
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Area of law for this case is law of contract. Contract is defined of section 2(h) of the Contract Act (CA) as a contract is an agreement entered into voluntarily by two parties or more with the intention of creating a legal obligation‚ which may have elements in writing‚ though contracts can be made orally. A contract is a legally enforceable promise or undertaking that something will or will not occur. The word promise can be used as a legal synonym for contract. Although care is required as a promise
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(6)Discharge by Agreement or Consent The contract rests on the agreement of the parties. The parties may get discharged from the obligations of performance of contract by agreement or mutual consent. By Agreement or Consent • By novation • By “accord and satisfaction” • By remission and waiver 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
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Question Martina owns two houses in Loughchester. In May‚ she entered into a contract with Loughchester University for it to rent the houses for the coming academic year for use as student accommodation. The University paid Martina £750 straight away‚ with the rent to be paid to Martina by the University monthly in arrears. Martina then engaged Roger Roofers Ltd to carry out repairs on the roofs of the houses‚ to be completed by 23 September‚ in time for the arrival of the students. She paid Roger
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The argument of frustration in contract law can be a difficult precedent to establish. Not to be confused with a contractual mistake‚ frustration occurs when performance is made impossible or is fundamentally changed. Generally‚ when frustration occurs the party suffering loss is established on whom ever provided services before the frustrating event‚ or to the party having already paid a deposit or owing money before frustration date. Self-induced frustration on the other hand is considered a breach
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CONTRACT – DISCHARGE (Pg 161) Discharge refers to a termination of a contract. After a contract is discharged‚ the parties are relieved of their obligations under the contract. There are four ways Performance‚ Breach‚ Agreement and Frustration. Performance Performance – discharging a contract by performing all obligations as stipulated in the contract. Precise Performance Cutter v Powell (1795) The court held that payment was conditional upon the completion of the voyage; payment even
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One of the most significant principles of the Law of Contract is that of the capacity of the parties to enter into the contractual agreement freely. Therefore‚ freedom of contract lies at the core of the contractual agreements. Once a valid contract has been entered into‚ each party is expected to undertake their obligations without fail. However‚ the doctrine of frustration sometimes intervenes in a manner that undermines the principle that parties ought to keep their agreements. This paper discusses
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Frustration Anticipatory Breach • Before the time of performance one party refuses to perform – Hochster v De la Tour Does the DEFENCE of frustration apply? • Unforseeable event • After formation of contract • No fault of either party Identify breach and categorise the term breached. Breach of warranty- Damages only‚ Breach of condition - Immediate right of election (even if breach is anticipatory – Hochster v De La Tour). Innocent party can elect to continue with the contract
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