Question 3 (a)
Breach of contract and discharge by breach
9 marks
- Time to write
- About 18 minutes
- Topic
- Breach and remedies
- Notes
- Crux notes
Question
Question 3 (a) · 9 marksWith suitable examples, explain the breach of contract, and also how the contact get discharged by breach of law.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- suitable examplesExamples are asked for: one short example with each point.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Meaning of breach 1½ marks 1 min
- 2 Actual and anticipatory breach, with examples 3 marks 6 min
- 3 Discharge by breach (s. 39) 3 marks 6 min
- 4 Remedies, in brief 1½ marks 3 min
- Check: every ask answered, key terms underlined 1 min
Easy marks
- Meaning of breach (step 1, 1½ marks): a clear definition and a line on what it covers. It opens the answer, so it takes a minute or two.
Short on time? Keep step 1 short. Trim steps 2–4 evenly rather than skip one: each is capped at its own marks.
Try it first. About 18 minutes for 9 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
Breach of contract. Breach means the failure of a party to perform his obligation under a contract. (The question's "discharged by breach of law" is read as discharge by breach of contract, as the rest of the question shows.)
- Actual breach: a party fails or refuses to perform on the due date, or during performance. Example: A contracts to supply 100 kg of rice on 1st June and fails to deliver on that date.
- Anticipatory breach: before the due date, a party refuses altogether to perform, expressly or by conduct. Example: A agrees to sell his white horse to B on 10th August but sells it to C on 1st August.
Discharge by breach. When one party breaks the contract, the injured party not only gets a right of action for damages but is also discharged from performing his own part of the contract. Under section 39, where a party refuses to perform, or disables “himself from performing, his promise in its entirety, the promisee may put an end to the contract unless he has signified” his acquiescence in its continuance. So the contract stands discharged at the injured party's option.
Remedies of the injured party. He may rescind the contract, sue for damages, sue on a quantum meruit, or seek specific performance or an injunction.
Where the 9 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Meaning of breach | 1.5 |
| 2 | Actual and anticipatory breach, with examples | 3 |
| 3 | Discharge by breach (s. 39) | 3 |
| 4 | Remedies, in brief | 1.5 |
| Total | 9 |
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