Textbook Notes (362,815)
Canada (158,059)
Commerce (379)
COMM 393 (60)


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University of British Columbia
COMM 393
Barbara Cox

CONSEQUENCES OF THE Discharge of the ContractCONTRACTEdition 2143154 160161SATURLEY V LUND CB 108Breach of ContractDamagesEdition 2166173 176184WESTCOAST TRANSMISSION V CULLEN CB 119BLACKCOMB SKIING ENTERPRISES V SCHNEIDER CB 124CHAPTER 7 Discharge of ContractsDischarge a contract cancel or end the obligations of a contract make an agreement or contract inoperative 4 ways 1 by performance2 by agreement3 by frustration4 by operation of law Discharge By Performance The Nature of Discharge by Performanceparties who enter into a contract expect it to be ended by performance contract ends when both parties performed all respective obligations satisfactorily performance can take several forms depending on contract Tender of Performancetender of performance an attempt by one party to perform according to the terms of the contractone party may attempt to perform but other might refuse to accept the performanceseller under no obligation to attempt to perform againcan sue for breach of contract if buyer refuses to accept debtor who makes an unsuccessful but reasonable attempt to pay will be free from further liability for interest on amount owing burden on debtor to findpay creditor Substantial Performance performance that does not comply in some minor requirement of the contractcannot seize upon a trivial failure of performance to avoid own obligations ex 21000 items not in perfect condition for resale Discharge By Agreement Waiver parties may discharge their contract by agreeing between themselves not to perform it waiver an agreement not to proceed with the performance of an existing contractwhen neither party has fully performed when they agree to call off bargainthere is automatically consideration for the waiver of each party a promise by one party to waive its rights is sufficient consideration for it being released from its obligations to the other
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