Anticipatory Breach of ContractĪnticipatory breach of contract occurs, when a party repudiates it before the time fixed for performance has arrived or when a party by his own act disables himself from performing the contract. It may arise in any one of the following forms: 1. Breach of contract discharges the aggrieved party from performing his obligations. The breach of contract means the failure of a party to perform his obligations. However, in other contracts, the rights and liabilities of a deceased person shall pass on to the legal representatives of the deceased person.ĭischarge of Contract by Breach of Contract In case of contracts, which involve personal skill or ability, the contract is discharged or terminated on the death of the promisor. When he is adjudged as insolvent, he is discharged from all liabilities incurred prior to his adjudication. After a person is adjudicated as insolvent, all of his rights and liabilities are transferred to the Official Receiver or the Assignee, as the case maybe. The insolvent is neither allowed to deal with his property nor to pay any of his creditors. On merger, the inferior rights are not required to be enforced. It is an operation of law that extinguishes a right due to its coincidence with another greater right in the same person. However, an alteration which is not material or which is made to carry out the common intention of the parties, does not affect the validity of the contract. In such cases, the effect of alteration would be the same as that of cancellation of the document. If one party without the consent of the other party makes such an alteration in the contract, the other party can avoid the contract. ![]() Material alteration puts an end to the contract. ![]() Material alteration means any alteration or change in the contract that affects the rights and liabilities of the parties to the contract significantly. This can be done in any of the following ways: 1. The contract is discharged by the operation of law when a contract is discharged by the intervention of law. Discharge of Contract – Operation of Law, Breach & Lapse of Time Discharge of Contract by Operation of Law
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