Edith Cowan University

2011

LEGAL FRAMEWORK I

LECTURE NOTES

Note to reader: these lecture notes are compiled for the purposes of the unit LAW1100 Legal Framework I and are selective in nature and scope. The notes are for academic purposes only.

Lecture 10

Law of Contract: Discharge of the Contract

INTRODUCTION
In this lecture, we will first discuss a number of ways in which a contract can be discharged (that is, brought to an end), including the right of termination for major breach of contract. We will then consider the issue of breach of contract in further detail, with a focus on the common law remedy of damages together with the principles by which the Courts can assess damages. We will then discuss the equitable remedies for breach, chiefly specific performance and injunctions, and conclude by considering the issue of expiration of time and the loss of the right to sue.

On successful completion of this lecture, you should (within the scope of the course) be able to:

identify the ways in which a contract may be discharged describe discharge of a contract by performance describe discharge of a contract by agreement describe discharge of a contract by operation of law describe discharge of a contract by breach describe the remedy set respectively available for breach of condition and warranty describe and understand the remedy of damages and how the quantum of damages is assessed by the Courts describe the principle of causation describe the principle of remoteness describe the types of losses recoverable, and distinguish between pecuniary and non-pecuniary loss describe the duty of mitigation of loss describe the equitable remedies for breach and understand when they apply describe the issue of limitation of contractual actions through expiration of time

DISCHARGE OF CONTRACT
Ultimately, all valid