Exercises 28.03.

2019
Menga Martina
The discharge of a contract.
1. The contract is discharged by complete performance, considering that both parties
completed their obligation.

2. The contract is discharged by frustration, because the seller made the operation
impossible (impossibility of performance) when he decided to sell the car to a new buyer.

3. In this case we need to check if the parties has placed the risk of an event like a fire int he
contract by some clauses.

4. A war, like a fire, is one of the event that parties can provide by clauses. It is necessary to
check if they have allocate the risk or not.

Answer the questions.

1. An example of discharge by frustration can be a contract where the object is illegal.
Sailor (A) sells to Buyer (B) something illegal, like something he stole from a house.

2. There are similar ways to discharge contracts in civil law, some are in common.

Following case and questions.

1. The following clause is a force majeure clause. It covers all the event that has occurred,
allocating the risk. The risk can be placed to one party, or the other. In order to this
clause, the party’s obligations under the contract are suspended.

2. The court has decided not to recognize the damage for loss of earnings as it is not
foreseen as a clause and not foreseeable by the parties

Match the definitions.

1C
2 D
3A
4 B