1. How Contracts Come to an End
Chapter 6

2. Ending a Contract
The law tells us when a contract can end so that people will know when their rights and duties conclude.
By performance
By agreement

3. Discharge by Performance
Performance is a series of activities that fulfills the purpose of a contract.
Time for performance - duties under the contract must be completed in reasonable time
Satisfactory performance - completing the work in a satisfactory manner
Substantial performance - completing all duties for the contract to end.
Tender of performance - paying with money

4. Discharge by Agreement
End a contract by mutual agreement.
Possible substitution for another contract?

5. Involuntary discharge
Sometimes contracts are discharged despite what the parties intend to do
By impossibility of performance
By operation of law

6. Discharge of Impossibility
Death or illness in a personal service contract
Destruction of the exact subject matter
Situations of the contract become illegal

7. Breach of Contract
A person fails to perform the duties spelled out by a contract.
The effects of this depends on the case.

8. Discharge by Operation
Wrongful alteration - changing of the contract illegally
Statute of limitations - establishing a time limit
Bankruptcy

9. FRAUD To win a lawsuit based on fraud:
There must be a false representation of fact (a lie).
The person who lied must know it was a lie.
The lie must be made with the intent that it be relied on.
The innocent party must reasonably reply on the lie.
The innocent party must experience a loss.

10. Duress
Act of destroying someone's free will by force, threat of force, or bodily harm.
Physical - actual physical force is used to cause someone to enter a contract.
Economic - threatening a persons income or business that makes a person enter a contact without real consent.

11. Undue influence
Making inappropriate use of a persons power to create an agreement that is very favorable to the person with all the power.
The existence of a caregiver-type relationship
The use of excessive pressure by the caregiver
A resulting contract that heavily favors the caregiver

12. Remedy and Damages
What can you do if you think someone has not fulfilled a contract you had agreed to?
You may accept the breach
You may sue for money damages
You may take the court for an equitable remedy $$$