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Discharge of a Contract

  • 4 subtopics
  • 11 things to know
  • Paper 3
  • Paper 3, the law of contract — one of two options

What Discharge of a Contract covers

How a contract comes to an end: performance and the doctrine of substantial performance, actual and anticipatory breach, and frustration.

Where it is assessed

Paper 3

Law of contract, one of two options.

Check the AQA specification ↗

The 4 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Key term

What does discharge of a contract mean?

Key term

How does performance discharge a contract?

Key term

What is anticipatory breach?

Key term

What conditions must be satisfied for frustration to discharge a contract?

Key term

What does the duty to mitigate require of a claimant?

Key term

What is rescission as a contractual remedy?

Key term

What is meant by discharge of a contract by performance?

Key term

How may anticipatory breach be implied?

Key term

How may destruction of subject matter lead to frustration?

Process

By what three routes may a contract be discharged, and what are substantial performance and anticipatory breach?

Process

What do expectation and reliance loss each compensate, and what must be proved about causation?

Take Discharge of a Contract further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

  • Fraudulent misrepresentation vs Innocent misrepresentation

    Fraudulent misrepresentation: false statement made knowingly or recklessly. Innocent misrepresentation: false statement made with reasonable belief in its truth.

  • Rescission vs Damages

    Rescission: setting the agreement aside and restoring the parties. Damages: monetary compensation for legally recognised loss.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What does discharge of a contract mean?

    Model answer

    Discharge of a contract means the ending of contractual obligations between the parties.

  2. 2

    Name the three ways in which a contract may be discharged.

    Model answer

    A contract may be discharged by performance, breach, or frustration.

  3. 3

    How does performance discharge a contract?

    Model answer

    Discharge by performance occurs when both parties have completely fulfilled all their contractual obligations.

  4. 4

    What is the doctrine of substantial performance?

    Model answer

    Substantial performance is an exception allowing discharge where a party has performed most but not all obligations, with a deduction for defects.

  5. 5

    What is anticipatory breach?

    Model answer

    Anticipatory breach occurs when a party indicates before the performance date that they will not perform their obligations.

  6. 6

    How does express anticipatory breach arise?

    Model answer

    Express anticipatory breach arises when a party explicitly states that they will not perform their contractual obligations.

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Discharge of a Contract revision questions

What does Discharge of a Contract cover in AQA A-Level Law?
4 subtopics: discharge by performance, remedies for breach of contract, performance, actual and anticipatory breach and frustration of a contract. Each one has its own page with questions and model answers.
How is Discharge of a Contract organised?
By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.

Every question in Discharge of a Contract, on a schedule.

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