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Welcome back. 
Today we'll cover Chapter 7, 

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Performance, Breach and 
Discharge Types of Contract 

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Performance. 
Understanding the various types 

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of contract performance is 
essential for law students to 

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grasp the complexities of 
contract law. 

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Contracts can be performed in 
several ways a complete 

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performance. 
This occurs when both parties 

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fulfill their contractual 
obligations as specified in the 

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contract. 
The contract is then discharged 

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and both parties are relieved of
further obligations B 

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substantial performance. 
In cases of substantial 

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performance, one party has 
mostly fulfilled their 

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obligations under the contract, 
but there may be minor non 

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material deviations from the 
contract terms. 

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The non breaching party is 
generally entitled to the 

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contract price minus any damages
resulting from the deviations C 

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Partial performance. 
Partial performance involves one

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party performing only some of 
their contractual obligations. 

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In such cases, the non breaching
party may be entitled to partial

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payment or specific performance 
of the remaining obligations D 

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inferior performance. 
Inferior performance occurs when

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one party fails to meet the 
contract standards or 

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specifications. 
The non breaching party can 

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typically seek damages for any 
harm caused by the inferior 

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performance material and 
anticipatory breach. 

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Understanding the concepts of 
material breach and anticipatory

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breach is critical for law 
students. 

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A material breach a material 
breach is a substantial failure 

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to perform a significant aspect 
of the contract. 

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When a material breach occurs, 
the non breaching party is 

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generally relieved of their 
contractual obligations and can 

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seek damages for the harm caused
by the breach. 

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B Anticipatory breach. 
Anticipatory breach happens when

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one party indicates through 
words or actions that they do 

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not intend to fulfill their 
contractual obligations before 

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the performance is due. 
The non breaching party can 

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treat this as an immediate 
breach and seek remedies. 

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Excuses for nonperformance. 
Law students should be familiar 

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with the various excuses for 
nonperformance in contract law. 

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A impossibility of performance 
if it becomes impossible to 

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perform the contract due to 
unforeseen circumstances beyond 

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the control of the parties. 
For example, natural disasters, 

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death of a key party, the 
contract may be discharged B 

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Impracticability. 
Impracticability arises when 

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performance is still possible 
but becomes extremely burdensome

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or costly due to unforeseen 
circumstances. 

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In such cases, the affected 
party may be excused from 

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performance. 
C Frustration of purpose. 

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Frustration of purpose occurs 
when an unforeseen event 

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undermines the fundamental 
purpose of the contract, making 

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it senseless to continue. 
This can lead to contract 

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discharge D Mutual rescission. 
Parties may mutually agree to 

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cancel or rescind the contract, 
releasing both parties from 

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their obligations. 
E accord and Satisfaction 

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parties may reach a new 
agreement accord to substitute 

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for the original contract and 
once the new agreement is 

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performed, satisfaction the 
original contract is discharged.

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F novation novation involves 
substituting a new party for one

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of the original parties with the
consent of all parties involved.

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The original contract is 
discharged and the new party 

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assumes the obligations. 
Landmark case Jacob and Young's 

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Incorporated V Kent, 1921. 
This case illustrates the 

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importance of substantial 
performance and the impact of 

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minor deviations from contract 
specifications. 

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In this case, a builder used the
wrong brand of pipes which was a

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minor deviation from the 
contract specifications. 

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The court held that this did not
constitute a material breach and

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the builder was entitled to 
payment minus any damages caused

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by the deviation. 
In conclusion, understanding the

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nuances of contract performance 
breach and excuses for non 

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performance is essential for law
students. 

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By recognizing the types of 
performance, the significance of

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material breaches and the 
various excuses that can 

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discharge a contract, students 
can effectively analyze and 

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advise clients on contract 
related issues in legal 

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practice.