Q.(a) Explain the ways of discharge of contract.
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Start your 14-day free trial to unlock the full solution →(a) A contract can come to an end (be discharged) in several ways — by performance, agreement, lapse of time, operation of law, impossibility and breach. (b) GST in India is levied in four forms — CGST, SGST, IGST and UTGST — depending on whether the supply is within a state, between states, or in a union territory.
(a) Ways (Modes) of Discharge of a Contract
Discharge of a contract means the ending of the contractual relationship between the parties. The main modes are:
- Discharge by Performance — when both parties fulfil their obligations as agreed; this is the most natural mode. It may be actual performance or attempted performance (tender).
- Discharge by Mutual Agreement or Consent — by fresh agreement between the parties, through:
- Novation — substituting a new contract for the old one;
- Rescission — cancelling the contract;
- Alteration — changing the terms;
- Remission — accepting lesser performance;
- Waiver — giving up one's rights under the contract.
- Discharge by Lapse of Time — if a contract is not enforced within the period fixed by the Limitation Act, the right to sue is lost.
- Discharge by Operation of Law — through death, insolvency, merger or unauthorised material alteration of the document.
- Discharge by Impossibility of Performance (Frustration) — when performance becomes impossible due to reasons beyond control (destruction of subject matter, change of law, death or incapacity in personal contracts).
- Discharge by Breach of Contract — when a party fails or refuses to perform; it may be actual breach or anticipatory breach, giving the other party the right to remedies.
(b) Kinds of GST
Goods and Services Tax (GST) is a single, comprehensive indirect tax on the supply of goods and services in India, based on the principle of "one nation, one tax." It is levied in four kinds:
- CGST (Central Goods and Services Tax) — collected by the Central Government on intra-state (within the same state) supplies. …
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