Where the promiser offers to perform his obligation, but the promisee refuses to accept the performance.Actual performance simply means when both parties involved in the contract perform their promises, then the contract is discharged.Performance of the contract is known as one of the most usual modes of discharge of a contract.ĭischarge by performance may be of two types Actual and Attempted. Section 37, of the Indian Contract Act 1872, lays down that the parties to a contract must either perform or offer to perform their respective promises unless such performance is dispensed with or excused. It occurs when the parties to the contract fulfill their obligations arising under the contract within the time and in the manner prescribed. Performance of the contract is the act of performing an obligation. The various ways or modes of discharge of a contract are as follows The various modes of discharge of contract or the different ways of discharge of contract are explained below.

A contract is said to be discharged when it ceased to operate and when the rights & obligations created by it come to an end.” “Discharge of contract has been defined as the termination of the contractual relationship between the parties. A discharge can take place generally by performance, agreement, the lapse of time, frustration, and breach.Whatever causes a binding contract ceases to be binding is a discharge of the contract. Discharge literal meaning is to remove liability or to be released from liability.Discharge of contract means termination of contractual duties or dissolution of contracts.A contract is said to be discharged when the obligation created by it comes to an end. ► What is the Discharge of the Contract?ĭischarge of contract is the state of termination of the contractual relationship between the parties. Today in this article, we have shared what is the discharge of contract and its types, and modes of discharge of contract. Discharge of contract refers to the way in which a contract comes to an end.

Discharge and breach meaning