Discharge by Performance Contract


Performance means the doing of that which is required by a contract. Discharge by performance takes place when the parties to the contract fulfill then obligations arising under the contract within the time and in the manner prescribed.

Performance of a contract is the most usual mode of its discharge. It may be

(1)  Actual Performance: When both the parties perform their promises the contract is discharged. Performance should be complete precise and according to the terms of the agreement.

Attempted Performance or Perfer: Tender is not actual performance but is only an after to perform the obligation under the contract.

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