SEMESTER-1 OF 2013
STUDENT NO: 16241196
(A) Discuss discharge of contract and whether and how each of the contracts between F&A and the musicians were discharged. Briefly discuss likely remedies, if any.
(B) Discuss remoteness of damages and whether Pedro would be successful in claiming compensation for the lost recording contract.
A possible answer:
Step1:THE AREA OF LAW:
The area of law relevant to these questions are discharge of the contract and where a contract is breached ,there can be many situations and innocent party is entitled for losses, damages, remedies, delays and get costs compensation directly from the breach of contract. Step2: THE PRINCIPLES OF LAW:
Discharge of a contract means where the rights and obligations under contract are bought to an end. Once the party have duty under contract is to discharge their obligations, they are excuse from further performance under the contract. A contract is discharged when it comes to an end the parties are no longer bound by their promises. Some effectively ways or circumstances lead to the discharge of contract. They are: 1. By Agreement;
2. By Performance;
3. By Frustration;
4. By Breach;
* Methods of discharge:
1. By Agreement:
All contracts are create by an agreement, including the creation, termination, and variation of obligations. In some situation, it is difficult or creating some problems if only one party wants to vary or discharge a contract and the other party does not. For example, one party may terminate the contract by giving one month’s notice in writing to other party. This type of contract would be simply discharge by the giving of written notice in specified time or date. In some situation, such an agreement may be enter after formation of the original agreement or contract, but its priority to complete the performance. There are different types of cancellation of the original agreement like, mutual discharge, release, conditional precedent and subsequent, waiver, accord, and satisfaction. 2. By Performance:
When both parties have properly performed their promises that make under the contract, the agreement has said to be conclude by performance. For example, if one party in exchange for payment provides some goods and services, one is the goods and services had delivered. In addition, payment is made by the other party, it’s obligation of each party are discharged and the contract is at an end. However, there are some exceptions in actual, attempted, and partial performance of contract. Relating to performance of contract and discharge the contract, and shown in the following case: Cutter v/s Powell (1795) 6TR 320
In this case, plaintiff was a merchant sailor who contracted to sail to Jamaica for an agreed amount, but he died during voyage. His wife sued the ship’s master under the ‘Quantum meruit’ for proportion of his accrued pay. * Decision of court:
The court rejected claim of plaintiff’s wife under ‘Quantum meruit’ and stated that Cutter had not completely performed all of his obligations. Therefore, he did not entitle for any payment. In the different situations, the partial performance has number of exceptions .It is also depending on entire and divisible contract. However, in Re Moore case, the actual performance rule strictly interpreted as common law. The court held that buyer could reject all the goods because the performance had not been exactly as agreed and did not follow the agreement. It shows that actual performance and partial performance deals differently in contract agreement. 3. By Frustration:
If one party promises to carry out a particular act or laws, which law will hold them to their promise; it has known as the doctrine of absolute liabilities. Some exceptions available for these rules, which are:
1. Physical impossibility at the time of destroyed of...