LAW 122 Lecture Notes - Lecture 11: Clean Hands, Punitive Damages, Contra Proferentem
4 Feb 2016
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Discharge: a contract is discharged when the parties are relieved of the obligation to do anything further under the contract. When the issue is discharge of contract, the parties are not fighting another whether there is a contract (there is) or what is in the contract (i. e. the terms) Instead, something has happened and now one of the parties wants to know, Discharge: discharge & defect problems sort of sound alike. Defect problems usually revolve around an issue that existed as soon as the contract was created (e. g. one of the parties was a minor or maybe there was a misrepresentation. ) But in a discharge problem, the issue usually comes up during the life of the contract. Maybe someone actually performs or perhaps a party breaches. A will try to avoid the contract by pointing. Discharge problem to a problem with the wider circumstances when the contract was formed: a misrepresentation; capacity, unfairness; or illegality.
