Discharge of a Contract | AQA A-Level Law (7162)

Discharge of a Contract

47 questions
4 subtopics
Paper 3: the law of contract, one of two options
Paper 3

How a contract comes to an end: performance and the doctrine of substantial performance, actual and anticipatory breach, and frustration..

It covers discharge by Performance, remedies for Breach of Contract, performance, Actual and Anticipatory Breach and frustration of a Contract.

Sample questions from Discharge of a Contract

Answer each one closed book first, then open the answer.

Discharge by Performance

How does performance discharge a contract?

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Discharge by performance occurs when both parties have completely fulfilled all their contractual obligations.
Discharge by Performance

How does express anticipatory breach arise?

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Express anticipatory breach arises when a party explicitly states that they will not perform their contractual obligations.
Remedies for Breach of Contract

What is the test for remoteness of damage in contract law?

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The test is whether the loss arose naturally from the breach or was in the reasonable contemplation of the parties at the time of contracting.
Remedies for Breach of Contract

What is rescission as a contractual remedy?

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Rescission is an equitable remedy that sets aside the contract and restores the parties to their pre-contractual positions.
Performance, Actual and Anticipatory Breach

Define actual breach of contract.

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Actual breach occurs when a party fails to perform their contractual obligations at the time performance is due.
Performance, Actual and Anticipatory Breach

How may anticipatory breach be implied?

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Anticipatory breach may be implied through conduct that makes performance impossible.
Frustration of a Contract

At what point does frustration discharge a contract, and how does this occur?

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Frustration operates automatically to discharge the contract from the moment the frustrating event occurs.
Frustration of a Contract

In what circumstances may non-occurrence of an event frustrate a contract?

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Frustration may occur through non-occurrence of an event that was the foundation of the contract.

The 4 subtopics

One subtopic is one session. Work down the list.

Subtopic	What it covers	Questions
Discharge by Performance	Recall questions on what discharge means, the three routes to it, how performance discharges a contract and the doctrine of substantial performance.	8
Remedies for Breach of Contract	Recall questions on expectation and reliance loss, causation, remoteness and mitigation, specific performance and when it is refused, rescission, termination for breach of a condition or warranty, and the choices after repudiatory breach.	17
Performance, Actual and Anticipatory Breach	Recall questions on discharge by performance and the standard required, and on the difference between actual and anticipatory breach.	8
Frustration of a Contract	Recall questions on what frustration is and when it discharges a contract, why foreseeable, self-induced or provided-for events do not count, and frustration through destruction, illegality, non-occurrence and personal incapacity.	14

Discharge of a Contract is 47 of the 2,352 questions in the guide.Get the guide, £7

How the guide is worked

Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.

Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.

Read the full method, the return schedule and the research behind it.