Exercises · Q1
Q.What is discharge of a contract? State the various modes by which a contract may be discharged.
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✓ Free question
Discharge of a contract means the ending of the contractual obligations between the parties, so that neither is bound to perform their remaining duties under it.
Modes of discharge:
- By Performance — both parties actually carry out (or validly tender) their promises.
- By Mutual Agreement — through novation, rescission, alteration, remission, or waiver.
- By Supervening Impossibility — an event after the contract renders performance impossible/unlawful (Doctrine of Frustration, Section 56).
- By Lapse of Time — the Limitation Act bars the remedy of suing after a fixed period.
- By Operation of Law — e.g. death (personal contracts), insolvency, merger, unauthorised material alteration.
- By Breach of Contract — a party fails or refuses to perform without lawful excuse, entitling the other party to remedies.
✓Final answer
Discharge is the termination of a contract's obligations, occurring through performance, mutual agreement, supervening impossibility (frustration), lapse of time, operation of law, or breach.
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