LAW 122 Lecture Notes - Lecture 1: 18 Months, Grocery Store, Car Rental
Document Summary
Some contracts are brought to an end when they are voided or rescinded. Most contracts are brought to a through discharge. Some contracts end in avoidance or rescission. Treated as if they never existed (chapter 9 and 10) When a contract has been discharged, it means that it has been performed and is no longer a pending, legal obligation. A contract is discharged when the parties are are relieved of the obligation to do anything further under the contract. To discharge a contract is to end the obligation by agreement or by carrying it out. A will try to avoid the contract by pointing to a problem with the wider circumstances when the contract was formed: a misrepresentation; capacity; unfairness; or illegality. The formal requirements for create a contract are met; the parties are not fighting about the terms either. Something happens during the life of the contract (performance or a frustrating event)