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Discharge of Contract (Performance (Divisible Contracts, Substantial…
Discharge of Contract
Performance
Divisible Contracts
Substantial Performance (less cost of rectifying defects)
De Minimis (microscopic deviation)
Prevented Performance (Quantum Meruit compensation)
Specific Performance
Acceptance of Partial Performance
Agreement
Unilateral Release
Accord and Satisfaction
Mutual Release
Variation (alter contract)
As per decided in agreement
Waiver of Rights
Frustration
Government Interference
Personal Incapacity
Non-occurrence of event
Limitations
Foreseeability
Self induced frustration
Force Majeure Clause
Destruction of Subject Matter
Effects
Money paid is recoverable
Money payable is no longer payable
Non-monetary benefits up to courts' discretion
Contract discharged with no further obligations to perform.
Breach
Actual Breach
HK Fir Case
RDC Concrete
Anticipatory Breach
Promisor expressed intention to not perform obligation
Type of breach
Repudiatory (Conditional / Fundamental)
Accept Repudiation
Affirm the contract
Non-repudiatory
Only can sue for damages, cannot discharge