Ch 6: Performance of Contracts - I
1. Contracts which must be Performed
1-1 Contracts which must be performed [I]
1-2 Q&A Masoom and Mubarak (ICAP Spring 2015) [O]
1-3 Q&A Mehboob and Saulat (PQ) [O]
2. Appropriation of Payments
2-1 Appropriation of payments [I]
2-2 Q&A Nisar and Mairaj (ICAP Autumn 2017) [R]
2-3 Q&A Ubaid and Bilal (Practice Question) [I]
2-4 Q&A Sultan and Wajahat (ICAP Autumn 2022) [I]
2-5 Q&A Arowana Power Limited (ICAP Autumn 2021) [I]
3. Contracts that need not be Performed
3-1 Effect of novation, rescission and alteration [I]
3-2 Promisee may dispense with or remit performance of promise [I]
3-3 Effect of promisee's refusal or neglect [I]
3-4 Impossible acts / Subsequent impossibility or illegality [R]
Query: In example no 3, the contract is discharged or becomes void ?, what is the difference?
Response: Discharge of contract means termination of the contractual relationship between the parties. A contract is said to be discharged when it ceases to operate, i.e., when the rights and obligations created by it come to an end.
A contract may be discharged because it becomes void . It may also become discharged because it has been performed. It may also become discharged because parties cancelled it. So discharge is very broad term as compared to just void.
Query: In invalid grounds what is the difference between point 1 and 2?
Response: The points are not mutually exclusive. The same circumstances may be described as both.
3-5 Rescission of voidable contract [I]
3-6 Advantage received under void agreement / contract [R]
3-7 Q&A Discharge of Contract (PQ) [I]
3-8 Q&A Talib and Bashir (Practice Question) [O]
3-9 Q&A Lalchi Traders (ICAP Spring 2015) [R]
3-10 Q&A Imran Traders (ICAP Spring 2020) [O]
3- 11 Q&A BT and Osmium Limited (ICAP Spring 2022) [R]
3- 12 Q&A Sparrow Traders & Parrot Electrics (ICAP Spring 2023) [I]
3- 13 Acceptable grounds of supervening impossibility (ICAP Spring 2023) [X]
4. MCQs
4-1 MCQs 1 to 16 | Performance of Contract I [O]
Query: Sir 11th mcq me govt ne 5tones of wheat supply krne ki ijazat di he tu ye partial impossibility hogi na ke pora contract unlawful hoga.
Response: The contract is not divisible, therefore, the argument of partial impossibility is not applicable.