What is discharge by agreement?

It is the release of the parties from their obligations by a second agreement between them, which brings the original contract to an end or replaces it.

Why does an agreement to discharge a contract need consideration?

The release is itself a contract, so unless it is made by deed each party must give something of value in exchange for being freed from the original obligations.

Why is unilateral discharge more difficult to achieve?

Where one party has already performed in full, only the other side gains from the release, so that party must provide fresh consideration or the release must be made by deed.

What is accord and satisfaction?

The accord is the agreement to release the obligation and the satisfaction is the fresh consideration given for that release, and both are required where only one party stands to benefit.

WJEC A-Level Law 603-1978-1

Law Making in Wales and the UK

Topic overview Legal rules, sources of law and the rule of law Parliamentary sovereignty, the separation of powers and the Royal Prerogative The composition and role of Parliament The legislative process at Westminster The Senedd and law making in Wales The devolution settlement and the role of the Supreme Court Influences on law making and law reform

Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

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The Civil Courts and Dispute Resolution

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The Criminal Process and the Criminal Courts

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Legal Personnel and the Judiciary

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Access to Justice and Funding

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Tort: Rules and Theory

Topic overview The nature and origins of the law of tort Categories of tort and the interests protected Fault and strict liability Corrective justice and the economic justification Retributive and distributive justice in tort Theories of justice and the balancing of interests Criticisms of the tort system Reform and alternatives to tort

Tort: Negligence

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Tort: Occupiers' Liability

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Human Rights: Rules and TheoryHuman rights

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Human Rights: Key Convention ProvisionsHuman rights

Topic overview Article 8 and the scope of private and family life, home and correspondence Negative and positive obligations under Article 8 Article 8(2) and the justification of an interference Article 10 and the right to freedom of expression Article 11 and freedom of peaceful assembly and association Balancing Article 8 against Article 10 Evaluating the qualified rights and their exceptions

Human Rights: RestrictionsHuman rights

Topic overview Public order offences and the control of protest Police powers of stop, search and entry Arrest, detention and the rights of a person in police custody Trespass, harassment and actions against the police Interception of communications and access to personal information Confidentiality, defamation and the protection of reputation Obscenity and the arguments for and against restriction

Human Rights: EnforcementHuman rights

Topic overview The domestic courts and the Strasbourg case law Compatible interpretation and declarations of incompatibility Public authorities, victims and remedies under sections 6 to 8 The judicial review procedure The grounds for judicial review The European Court of Human Rights Evaluating the enforcement of human rights

Human Rights: Protection and ReformHuman rights

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Contract: Rules and TheoryContract

Topic overview Origins, definition and function of contract law Freedom of contract and the classical theory of bargain Contract law and economic development Freedom of contract and consumer protection Judicial decisions, legislation and European influence on contract Human rights, morality and justice in the law of contract Arguments for a European or global law of contract

Contract: FormationContract

Topic overview Offer and invitation to treat Acceptance, counter-offers and the ending of an offer Consideration and existing duties Payment of less than the debt, and promissory estoppel Intention to create legal relations Privity of contract and the Contracts (Rights of Third Parties) Act 1999 Evaluating the rules of agreement and consideration

Contract: TermsContract

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Contract: Misrepresentation and DuressContract

Topic overview Actionable misrepresentation and the elements of a claim Fraudulent misrepresentation Negligent misrepresentation and the Misrepresentation Act 1967 Innocent misrepresentation, rescission and its bars Economic duress Duress to the person and undue influence distinguished Evaluating misrepresentation and duress

Contract: DischargeContract

Topic overview Discharge by performance and the entire obligations rule Exceptions to the entire obligations rule and standards of performance Discharge by agreement Discharge by breach, actual and anticipatory Frustration and when a contract is frustrated The effects of frustration and the Law Reform (Frustrated Contracts) Act 1943 Evaluating the rules on discharge

Contract: RemediesContract

Topic overview The aim of damages and the measure of loss Causation and remoteness of damage Mitigation, agreed damages and penalties Rescission and rectification Specific performance Injunctions and the limits of equitable relief Evaluating the law of contractual remedies

Criminal Law: Rules and TheoryCriminal

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Criminal Law: General Elements of LiabilityCriminal

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Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation and property Theft: belonging to another Theft: dishonesty and intention permanently to deprive Robbery under section 8 of the Theft Act 1968 Burglary: entry, trespass and buildings Burglary under sections 9(1)(a) and 9(1)(b), and aggravated burglary Evaluating the law on theft, robbery and burglary

Criminal Law: DefencesCriminal

Topic overview Insanity and the M'Naghten Rules Automatism: insane and non-insane Intoxication by alcohol and by drugs Self-defence and the prevention of crime Duress by threats Duress of circumstances and necessity Evaluating the capacity and necessity defences

Criminal Law: Preliminary OffencesCriminal

Topic overview Attempt: the statutory definition and its scope The actus reus: acts more than merely preparatory Applying the more than merely preparatory test to the cases The mens rea of attempt Attempting the impossible Attempt, the completed offence and abandonment Evaluating the law on attempts and proposals for reform

Contract: Discharge

Discharge by agreement

3 things to know
A2 Units 3 and 4

Overview

Discharge by agreement, bilateral discharge and accord and satisfaction.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What is bilateral discharge?

Key term

Distinguish variation of a contract from discharge and replacement.

Key term

What is novation?

Questions from this subtopic

Each one with the model answer underneath.

1
What is discharge by agreement?
Model answer
It is the release of the parties from their obligations by a second agreement between them, which brings the original contract to an end or replaces it.
2
Why does an agreement to discharge a contract need consideration?
Model answer
The release is itself a contract, so unless it is made by deed each party must give something of value in exchange for being freed from the original obligations.
3
What is bilateral discharge?
Model answer
Bilateral discharge occurs where both parties still have obligations outstanding, so each gives up its right to the other's performance and that mutual release is the consideration.
4
Why is unilateral discharge more difficult to achieve?
Model answer
Where one party has already performed in full, only the other side gains from the release, so that party must provide fresh consideration or the release must be made by deed.
5
What is accord and satisfaction?
Model answer
The accord is the agreement to release the obligation and the satisfaction is the fresh consideration given for that release, and both are required where only one party stands to benefit.
6
Distinguish variation of a contract from discharge and replacement.
Model answer
A variation alters some terms while the original contract continues, whereas discharge and replacement ends the first contract entirely and substitutes a new one in its place.

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