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DISCHARGE OF CONTRACT - Coggle Diagram

- - - - ii. PERFORMANCE UNDER CONTRACTS ACT 1950
        S.38: Parties obligation to perform a contract.
        Promises bind the representatives of the promisor in case of hte death of the promisor before the performance.
        Illustr (a) S.38
        Unless a contrary intention appears from the contract ": the promisor is to perform the contract personally.
        Illustr (b) S.38$ S.41 + illustr.
- - - - the contract must be a contract to do an act.
        
        -After the formation, the contract become: impossible to be performed due to some event which the promisor could not prevent, or
        -Lawful
        
        Effect: the contract is void- at the time act become impossible or unlawful.
    - - Pf place advertisements outside his flat offering to let windows to view the coronation procession of the new king. The pf told the df that the flat gives a good view of procession. The df hired the flat for $75 from the pf for 26-27 June 1902. The contract however, contained no reference to the coronation procession but it was also take place on those day sand was to pass the flat. The df paid $25 when making the contract and promised to pay the balance $50 on 24 June. The Kings serious illness caused the cancellation of the procession. The pf claimed for the balance sum of $50.
        Held: the contract void. The procession and relative position of the flat lay at the foundation of the agreement. The df had rented ' room to view the procession' and the pfs failure to provide the view, though it arose from no fault of his, excused the df from his promise to pay.
    - - Void automatically - Contract is terminated as to the future only, not from the beginning.
        
        S.66 of CA 1950- remedy for restitution: any person who has received advantage under the contract is bound to restore or to make compensation to the person from whom he received it.