Discharge of contract| discharge by performance| in Telugu by advocate sowjanya

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DISCHARGE OF CONTRACT
A CONTRACT creates RIGHTS AND OBLIGATIONS. When the rights and obligations created by a contract comes to an end, then the contract is said to “DISCHARGED”.
Example: when ‘x’ buyer of a bikes makes an offer to purchase the bike with Rs.55,000/- offers ‘y’ who is the seller of the bike. ‘Y’ gives an acceptance to sell the bike with the amount offered by ‘x’. Then the contract is created. Once both the parties perform their duties the contract will come to an end. Hence, contract is DISCHARGED

MODES OF DISCHARGE OF CONTRACT
1. DISCHARGE BY PERFORMANCE,
2 . DISCHARGE BY BREACH,
3. DISCHARGE BY IMPOSSIBILITY OF PERFORMANCE,
4. DISCHARGE BY LAPSE OF TIME,
5. DISCHARGE BY AGREEMENT

in brief: 1. DISCHARGE BY PERFORMANCE,
performance of contract means " Fulfillment of the legal obligations created by a contract"
“. When both the parties t o the contract perform their obligations under the contract then the both the parties are discharged from their obligations under the contract.
Section -37 : lays down that “ The parties to a contract perform or offer to perform their respective obligations under the contract”. so, that performance may be either ACTUAL PERFORMANCE or ATTEMPTED PERFORMANCE.

AN OFFER to perform one's obligations under the contract is called as TENDER


ESSENTIALS OF A TENDER:
IT MUST BE UNCONDITIONAL.
IT MUST BE MADE AT PROPER TIME AND PROPER PLACE.
IT MUST BE MADE TO A PROPER PERSON.
IT MUST BE IN RESPECT OF WHOLE PROMISE.
TENDER MAY BE MADE TO ONE OF SEVERAL JOINT PROMISES.



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