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Discharge from Contract - Explained

When is an Individual's Obligation in a Contract Relieved?

Written by Jason Gordon

Updated at September 24th, 2021

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Table of Contents

What situations relieve individuals from performing her duties under a contract?Discussion QuestionAcademic Research

What is Discharge of a Contract?

An individual is relieved from her duty to perform a contract in the following scenarios:

Void Contract - If a contract becomes void, both parties are relieved from their duty of performance.

Breach by Other Party - If the other party materially breaches the contract, the non-breaching party is relieved from the obligation to further perform the agreement.

Failure of a Condition - A contract may contain any number of conditions that may materialize (or fail to materialize), which relieve the parties obligation to perform under the contract.

Impossibility, Impracticability, of Frustration of Purpose - Parties to a contract may be relieved from their obligation to perform if performance becomes impossible, commercially impracticable, or the underlying purpose of the contract is frustrated.

Waiver or Release - A party may, per her own volition, sign a waiver or release relieving the other partys obligation to perform.

Any of the above situations may release one or both parties from their duties of performance.

Next Article: Contract Conditions - Precedent & Subsequent Back to: CONTRACT LAW

Related Topics

  • When is a party's Duty of performance?
  • What is an Executed contract vs an Executory contract?
  • What is Performance, Substantial Performance, and Breach of a contract?
  • What is performance of a Divisible Contract?
  • What are conditions to Contract (Precedent & Subsequent)?
  • What is tender performance of a contract?
  • What are Impossibility and Impracticability
  • What is a Frustration of Purpose?
  • Waiver or Release from Contract
  • Novation
  • What is a Breach of Contract?
  • Acceleration Clause (Contracts) Definition
  • What methods exist for resolving a breach?
  • What remedies exist for a breach of contract?
  • What is Efficient Breach?

Discussion Question

Do you agree that the above situations should relieve an individual from her obligations under a contract? Why or why not?

Academic Research


discharge from contract

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