LAW 122 Lecture Notes - Lecture 11: Contract Clause, Vintage Car, Force Majeure
17 Nov 2016
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Document Summary
Discharge when the parties no longer have any obligation to do anything under. Discharge of contract parties not fighting about whether there is a contract, instead a party wants to know if they can be done with the contract. Defect problem usually is revolved around an issue that existed as soon as the contract was created. Discharge problem usually comes up during the life of the contract: discharging contract through performance. But not if (cid:498)time is of the essence(cid:499) must perform on time. If not, other party can reject late performance. Late performance is still performance: substantial performance. But not if (cid:498)entire contract(cid:499) clause: substantial performance is still performance. But exception to this exception: (cid:498)entire contract clause(cid:499) no part of the price is payable unless all of the work is done (cid:494) Builder can walk away because of substantial performance.
