Contract Discharge and Performance: Analysis of Complete Performance Doctrine and Exceptions in Contract Law
Overview
This paper examines contract law principles, specifically evaluating the claim that contracts are primarily discharged through mutual performance of obligations. It analyzes the complete performance doctrine and its exceptions through case law analysis, including Lucy v Zehmer, to demonstrate how courts determine contract validity and enforcement.
What this essay covers
- Introduction to Contract Law: Definition and application of contract law in business transactions and consumer agreements
- Contract Discharge and Performance: Analysis of Elliot and Quinn's argument regarding mutual performance obligations and exceptions
- Legal Framework: Examination of state laws, common law, and private law in contract regulation with emphasis on mutual agreement and consent
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Contract Law
Introduction
Contract law entails legislation and policies that are enforced in making and enforcing agreements between two parties. Through the contract agreement, someone can file a legal suit against another party based on regulations that relate to making contracts. The court decides to ensure fairness, and all the important remedies are fulfilled as needed whenever there is proof of breach of contract from another party.[1] It is worth noting that contract law applies to anyone who is carrying out any form of business. Customers and consumers utilize contracts whenever they are buying or selling certain products or services. These contracts include purchasing goods and services, signing employment contracts, signing up for insurance payments, among others. Through the established contracts, the transactions happen faster, and there are minimal misunderstandings. They instill a sense of confidence and safeguards each party's interests, ensuring that no one is taken advantage of. In this regard, there are clear terms that guide a particular agreement and ensures that interests are protected.
As Elliot and Quinn argued, "the most obvious way in which a contract is discharged is by both parties performing their obligations under it" (p. 308). At the same time, this is usually true in many instances. There certain cases where a party has to claim due to disagreements before the contract is closed. An example of such a case is when there is an entitlement to payment, and another party disagrees.