6.1.1 Agreement, Performance and Breach – Introduction

Welcome to the sixth lesson of this module guide – agreement, performance and breach! A discharge of obligations means that parties to the contract are no longer liable for any terms of the agreement, and no further promises may be enforced. There are a number of ways in which this can occur, including agreement, performance and breach. Each of these must be understood in order to understand when a party may be discharged from their obligations under a contract.

The chapter begins with the requirements for a contract to be discharged through agreement, before repeating this for performance and breach. These requirements are examined in turn with the key case law outlined. The different types of conditions are later considered with examples given to help with a practical understanding

Below are some goals and objectives for you to refer to after learning this section.

Goals for this section

  • To understand the importance of performance, agreement and breach to discharge a contract
  • To understand what these three ways are
  • To understand the different principles governing discharge of contract

Objectives for this section

  • To understand what is meant by a discharge by agreement and its requirements
  • To understand the difference between an agreement to replace, and an agreement to alter obligations
  • To understand what is meant by discharge by performance and types
  • To be able to distinguish between strict contractual obligations and qualified contractual obligations
  • To understand what is meant by a discharge by breach
  • To be able to assess whether a breach will amount to repudiatory
  • To understand the different types of term that may be breached

Start the Lecture

We have three lengths of lecture to suit varying study needs. Select one of the options below to get started:

Problem Questions

Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below:


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