Discharge Of Contract

225.

In General.

226-227.

By Agreement - In General.

228-232.

Waiver, Cancellation, or Rescission.

233-234.

Substituted Contract.

235.

Form of Discharge by New Agreement.

236.

Conditions Subsequent.

237.

By Performance - In General.

23S.

Payment.

239.

Tender.

240-241.

By Breach - In General.

242.

Forms of Discharge by Breach.

243-244.

Renunciation of Contract.

245.

Impossibility Created by Party.

246.

Breach by Failure of Performance.

247-248.

Independent Promises.

249-253.

Conditional Promises.

254.

By Impossibility of Performance.

255.

By Operation of Law.

256.

Merger.

257.

Alteration of Written Instrument

258.

Proceedings in Bankruptcy.

259.

Remedies on Breach of Contract.

260-263.

Damages.

264.

Specific Performance.

265.

Discharge of Right of Action.

266.

By the Consent of the Parties.

267.

By Judgment.

268-269.

By Lapse of Time.

In General

225. The modes in which a contract may be discharged are as follows:

(a) By agreement.

(b) By performance.

(c) By breach.

(d) By impossibility of performance.

(e) By operation of law.

It remains to consider the modes in which the contractual tie may be loosed, and the parties wholly freed from their rights and liabilities under the contract. In dealing with this part of the subject we shall consider, not only the mode in which the original contract may be discharged, but, in case of its being discharged by breach, the mode in which the right of action arising thereupon may be extinguished.1