Discharge of a contract relates to the circumstances in which the contract is brought to an end. Where a contract is discharged, each party is freed from their continuing obligations under the contract. A contract may be discharged in one of the following ways...

 

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INTRODUCTION The role of contract is central to the smooth functioning of society and the commercial world.  People contract on a daily basis in a variety of ways.  Some of these contracts simply involve the purchase of a newspaper or a bus or rail ticket, while others involve complex commercial transactions, such as the importation of goods from overseas.  A study of contract law offers a practical insight into the manner in which commercial agreements are validly created and it assists in reducing the risks inherent in business transactions.
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Review: Law of Contract – Offer and Acceptance

The following extract will concentrate on the principles relating to the communication of offers and acceptances.
The most frequently asked questions usually involve communication of acceptance but, remember that an offer must be communicated too.
If you’re answering a problem question, don’t forget to identify the claimant and what s/he is suing the defendant for. That established – define your terms:
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The seventh edition of this book aims to build on the strengths that have led to the success and popularity of the previous editions, which have been extremely well received by both teachers and students alike. It incorporates all the important legal developments that have taken place since the publication of the last edition. As with our previous edi- tions, our aim has been to provide a clear explanation of the law of contract. As well as setting out the law itself, we look at the principles behind it, and discuss some of the issues and debates arising from contract law. We hope that the material will allow you to enter into some of that debate and develop your own views as to how the law should develop. One of our priorities in writing this book has been to explain the material clearly, so that it is easy to understand, without lowering the quality of the content. Too often, law is avoided as a difficult subject, when the real difficulty is the vocabulary and style of legal textbooks. For that reason, we have aimed to use ‘plain English’ as far as possible, and explain the more complex legal terminology where it arises. There is also a glossary explaining common terms at the back of the book. In addition, chapters are structured so that material is in a systematic order for the purposes of both learning and revision, and clear subheadings make specific points easy to locate. Although we hope that many readers will use this book to satisfy a general interest in the law, we recognise that the majority will be those who have to sit an examination in the subject. Therefore, each chapter features typical examination questions, with detailed guidance on answering them, using the material in the book. This is obviously useful at revision time, but we recommend that, when first reading the book, you take the oppor- tunity offered by the questions sections to think through the material that you have just read and look at it from different angles. This will help you both to understand and to remember it. You will also find that the Appendix at the end of the book gives useful general advice on answering examination questions on contract law.
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In Part III of the text we discussed a number of doctrines that control the contract negotiation process. Some vitiation doctrines focus on the reprehensible behaviour of the party seeking to uphold the contract (eg misrepresentation (ch 6) and duress (ch 9)); others focus on the impaired consent of the party seeking to escape the con- tract (eg mistake (ch 7)). This chapter examines a further basis for invalidating an otherwise valid contract; namely, the claimant’s incapacity to make the contract in question. Recognised categories of personal incapacity are infancy, mental incapacity, and those so affected by drink or drugs as not to know what they are doing. All others are presumed to have the capacity to make a valid contract although lesser weakness of mind, immaturity, inexperience, or lack of knowledge may, in appropriate cases, allow a party to avoid a contract for undue infl uence, as an unfair guarantee, or as an unconscionable bargain (see ch 10).
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This work presents the lecture notes on all the relevant Business Law topics as indicated
in the course outline and which the students, subjects to this course, are intended to learn
over the stretch of the respective semesters and it is intended to aid students to avail
themselves of the guidelines to this course, usefulness of which it is assumed, would help
them create a definite scope on what they have to learn when they do their library
materials exploration. In no way is this work destined to be an exhaustive and all-in-one
facility for every matter in Business Law required of students to gain knowledge of in
this course. Students are called upon to refer to the Library Materials cited by the
Instructors in the class as well as those provided in the course outline for a better
understanding and an ever lasting, well packed satisfaction.  

Kisilwa, Zaharani

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AGREEMENT Once when offer has been accepted, both offer and acceptance change their character and become an agreement. This is the situation whereby an offer made by one person is accepted by the person to whom the offer is made.
Therefore, agreement comes into existence only when one party makes a proposal to the other party and that other party implies his acceptance.
Agreement is not a contract An agreement is called a contract only when it is enforceable by law. All agreements do not need a legally enforceable and on that we can say an agreement has a much wider scope than a contract. An agreement does not necessarily imply a legal obligation on the parties to the agreement.
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