Discharge of a Contract (AQA A-Level Law): Flashcards

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Performance, Breach and Frustration
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Discharge

Contract ends & parties released from obligations

General rule on performance

All obligations must be completely performed

Substantial performance

Mostly complete w/ minor defects; payment reduced for defects

Remedies for breach of condition

Repudiation and/or damages

Remedy for breach of warranty

Damages only, not repudiation

Innominate terms

Courts examine actual effect of breach to determine remedy

Anticipatory breach

Party indicates in advance they will not perform

Frustration

Unforeseen event prevents performance; neither party at fault

Taylor v Caldwell (1863) principle

Destruction of subject matter frustrates contract

1943 Act: money paid before frustrating event

Recoverable

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