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Termination of contract - Coggle Diagram
Termination of contract
Performance of contract
Time and place
Sec 49
specific location/time
Order of performance of reciprocal promises
Sec 50
Place for performance of promise where no application to be made and no place fixed
Contingent contracts
sec 34
conditional promise/ uncertain event/ what if ex: if next month corona is gone, we'll get married if not i pay u 1k
Tender of performance
sec 38
offer's made
38(1)-unconditional
?
Consent or agreement of parties
Novation (replacing), rescission (cancelling due to misunderstanding/influence :), alteration
Sec 63
Remittance (payment)
Sec 64
Breach of contract
At the time when performance is due
During performance
Anticipatory breach
sec 40
stated in DONT'S contract
Impossibility of performance
Sec 57
the moment contract is made
Sec 57(1)
:
Impossible at the time the contract is made
after contract is made
Sec 57(2)
:
Known as doctrine of frustration under English law
Contract is frustrated by occurrence of unexpected events
Contract is automatically void
Unlawful or impossible after the contract is entered
Frustration of contracts
Destruction of subject matters
contract relate to property, it destroyed
Objects of contract defeated
contract defeat law's intention
husband & wife live separately , cant according to hindu law
Death or personal incapacity
Supervening illegality
status of subject matters change