I. Student Lounge
1. Introduction
- 1.1 Introduction to discharge of contracts
2. Discharge of contractual duty by performance
- I. Relevant sections
- 2.1 Duty or obligation to perform or offer to perform
- 2.2 What to perform and standard of duty
- II. Exercises
- III. Full text of leading cases
3. When does the duty to perform arise and contingent contracts
- I. Relevant sections
- 3.1 When does a duty to perform arise and contingent contracts
- 3.2 Determining whether a condition exists
- 3.3 Consequences of the term being a condition, a promise or both
- 3.4 Must the condition be an essential condition and pay-when-paid clauses
- II. Exercises
- III. Full text of leading cases
4. Who can demand performance?
- I. Relevant sections
- 4.1 Privity of contract
- 4.2 Third-party beneficiaries and privity
- 4.3 When beneficiaries may enforce a contract
- 4.4 Assignees of contractual rights may enforce
- 4.5 Rights that cannot be assigned
- 4.6 Devolution of joint rights
- II. Exercises
- III. Full text of leading cases
5. Who must perform?
- I. Relevant sections
- 5.1 Who must perform and the issue of transfer of duties
- 5.2 Performance of joint promises
- II. Exercises
- III. Full text of leading cases
6. How to perform?
- I. Relevant sections
- 6.1 Time, place and method of performance
7. Excuses for non-performance
- I. Relevant sections
- 7.1 Introduction to excuses for non-performance
8. Discharge due to common mistakes
- I. Relevant sections
- 8.1 Introduction
- 8.2 Common mistakes as to subject-matter
- 8.3 Risks with respect to the subject-matter
- II. Exercises
- III. Full text of leading cases
9. Discharge due to impossibility and frustration
- I. Relevant sections
- 9.1 Mistakes v. frustration: Past v. future
- 9.2 Frustration
- 9.3 Frustration versus impracticality and business difficulty
- 9.4 Restitution of benefits
- II. Exercises
- III. Full text of leading cases
10. Discharge by agreement, modification
- I. Relevant sections
- 10.1 Novation, rescission and alteration (by agreement)
- 10.2 Dispensed or remitted performance
- II. Exercises
- III. Full text of leading cases
11. Discharge by recession
- I. Relevant sections
- 11.1 Recession as a remedy for breach of contract
- 11.2 When is recession justified?
- 11.3 Time for performance and recession
- 11.4 Effect of recession and affirmation
- 11.5 Anticipatory breach
- 11.6 Anticipatory breach: Consequence of keeping the contract alive
- II. Exercises
- IV. Full text of leading cases
II. INDEX (FULL TEXT OF CASES)
- INDEX: Full text of cases