Discharge of Contract by performance and Contingent Contract

Authors

  • Shreya Mazumdar Law Firm

Keywords:

contract, discharge of contact, contingent contract, performance.

Abstract

The paper highlights a special mode of discharge of contract which is by performance. There are various ways of termination of a contract and one of the obvious ways is termination of a contract by its performance. The researcher in this paper answers as to how can one measure the standard of performance of the contract and the clauses that parties should put while drafting the contract. The paper also talks about the discharge of contract and its similarities and differences with a contingent contract. 

References

1. Section 2 (h) (1) of Indian Contract Act, 1872.

2. Tejpal Sheth, The Indian Contract Act, 1872: Discharge of a Contract , CTR. ON BUSINESS LAWS, (Dec. 12, 2017), https://www.safaribooksonline.com/library/ view/business-law/9789332511248/xhtml/c hapter007.xhtml

3. Yashu Bansal, Contingent Contract (04.04.2015) https://www.lawctopus.com/academike/con tingent-contracts/.

4. United India Insurance Company Ltd . v. Kantika Colour Lab & Ors. 2010 (4) AWC 3265 (SC) (2010).

5. Performance of Contract, https://accountlearning.com/performance- of-contract-meaning-types-of-performance/ last visited on 13.12.2017 at 12:45 P.M.

6. Section 38 of the Indian Contract Act, 1872

7. Raviteja PANV, Discharge by Performance & Contingent Contract (17.12.2014), https://www.lawctopus.com/academike/dis charge-performance-contingent-contracts/.

8. The name is kept confidential due to non - disclosure policy and confidentiality of the client.

9. The name is kept confidential due to non - disclosure policy and confidentiality of the client.

10. Section 31 of the Indian Contract Act.

11. Padia RG. Mulla Indian Contract and Specific Relief Act 117 (Butterworths ed., 2014).

12. Avtar Singh, Contract and Specific Relief 65 (Butterworths ed., 2014).

13. Section 35, Id.

14. Supra Note 11.

15. Pratim Bh attacharya, Essentials of a Contingent Contract (1.07.2016) https://blog.ipleaders.in/essentials- contingent-contract/.

16. Yashu Bansal, Contingent Contract (04.04.2015) https://www.lawctopus.com/a cademike/contingent-contracts/. JCGIBL (2018) 9-17 © Law Journals 2018. All Rights Reserved Page 17

17. United India Insurance Company Ltd . v. Kantika Colour Lab & Ors. 2010 (4) AWC 3265 (SC) (2010).

18. Supra Note 11.

19. Supra note 11.

20. Section 31, The Indian Contract Act, 1872. Cite this Article Mazumdar, Shreya. Discharge of Contract by performance and Contingent Contract . International Business Law. May 2018; 1(1): 9–17p.

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Published

2018-05-10