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Discharge of Contract & Remedies for Breach Contract

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Introduction  Most common way to discharge contract Both parties need to perform the contract to be discharged completely If either one of the party has performed his/her obligations, so he/she has discharged General rule Section 38(1) Contract Act 1950 : The parties to a contract must performed their contract to perform their promises unless both of the parties have agreed otherwise Case  Case Law, Cutter v Powell (1795)

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Introduction  It happens when the contractual duty cannot be performed because of a reason caused by the other party General rule Section 57(1) Contract Act 1950 : An agreement to do an act impossible in itself is void Section 57(2) Contract Act 1950 : A contract is impossible to do when there is a change of circumstances that will make the contract legally or physically impossible to perform Case  Case Law, Taylor v Caldwell (1863)

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Definition  Compensation in monetary from given to the injured party in case of breach of contract. The  party who claims damages must prove the following : Losses  because of the breach Losses commonly incurred  Expected the losses  Case  Case Law , Hadley v Baxendale (1854)

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Definition  Court order that required a party to do the things which he had already agreed in the contract.    SP may be granted by the  court :  Act  agreed to be done. (wholly or partly). Actual damage caused by the non-performance. Breach cannot be adequately relieved by compensation of money. Case  Case Law,  Gan Realty Sdn Bhd v Nicholas & Ors (1969)

Discharge of Contract & Remedies for Breach Contract

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