Discharge and breach of contract

For example, I’m suppose to slap your stupid face once a week. But I do it four times (because you deserve it). I am then in breach of a contract. OR, I’m suppose to slap your stupid face twice a week. But I only do it once a week, thus failing to do it twice (maybe because it’s too ugly), I am then in breach of contract.

“A cynic is a man who knows the price of everything and the value of nothing.”
- Oscar Wilde

For the moment:
Speed Law – Mos Def

It’s been a long time since I wrote something meaningful or of value. But I am a cynic, so who knows.

A week ago a friend of mine called me and asked for legal advice. I won’t narrate her situation here, but I will convey 1 part of the ‘advice’ I gave her. Bear in mind I did Contract Law in 2005, and this all came from the top of my head. Still is.

Breach of contract

The commitment of an act, or the failure to commit an act, which was not meant to happen (according to the agreement).

For example, I’m suppose to slap your stupid face once a week. But I do it four times (because you deserve it). I am then in breach of a contract. OR, I’m suppose to slap your stupid face twice a week. But I only do it once a week, thus failing to do it twice (maybe because it’s too ugly), I am then in breach of contract.

*I will discuss more in another post as to what is considered a significant and an insignificant breach.

Discharge of contract

Discharge of contract is when the contract actually ends and both parties are no longer obligated to perform anything stipulated within the agreement.

A discharge can happen in various ways.

• By agreement – we both agree it is time to stop slapping your face (don’t count on it)
• By frustration – you die, I have no more face to slap
• By breach – the breach is serious enough, that it amounts to a discharge.

Summary judgment

So on that note, not all breaches of contract amounts to a discharge of contract. Meaning, despite the breach, the contract is still valid and enforced.

For example, if I’ve forgotten to slap your face for the past two weeks, we can rendezvou this week and I’ll give you triple combo.

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*The writer is a law graduate who writes for RA every Monday. He failed Contract Law (Paper 2) once.