Question
Q4: Explain what different ways contract is discharged, the following examples are case of contract discharged with agreement, so what different options are avaible in
Q4: Explain what different ways contract is discharged, the following examples are case of contract discharged with agreement, so what different options are avaible in agreement with which contract is discharged, select relevant example from the examples given below with proper explanation to each? (40 Marks)
EXAMPLE 1: A owes money to B under a contract. It is agreed between A, B and C that B shall now accept C as his debtor; instead of A. The old debt of A to B no longer exists and a new debt from C to B has been contracted.
Example 2: A promises B to sell and deliver 500 Bales of cotton on 1st November at his warehouse and B promises to pay for goods on 1st December. A does not supply the goods. B may rescind the contract.
Example 3: X promise to sell and deliver 500 bales of cotton, on 1st November and Y promises to pay for goods on 1st December. Afterwards, X and Y mutually decide that the goods shall be delivered in five equal instalments at Z's godown. Here, original contract has been discharged and a new contract has come into effect.
EXAMPLE 4: A owes B Rs.5,000. C pays to B Rs.1,000, and B accepts them in satisfaction of his claim on A. This payment is a discharge of the whole claim.
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