There are a number of ways to end a contract. Once a contract has been formed, the parties are expected to follow what they agreed to. This is called performance of the contract. If you want to end a contract, it is called discharge of contract. Neither party will have to fulfil their side of the agreement anymore. If it is a phone contract, the phone company will not have to provide coverage, and the customer will no longer need to pay the monthly fee.
Performance is defined as: the completion of a party’s obligations under a contract to the reasonable satisfaction of the other party.
It is important to have a lawyer help you end a contract. If you do not do it correctly, it could be considered a breach. A breach of contract is the failure of a party to perform their obligations to the other party under the terms of the contract.
There are number ways to end a contract. Below are some of the most common, but there are a number of others not included here.
- Breach
- Frustration
- Performance
We will go into detail on each below. Most contracts have a clause that says there is an option to terminate based on performance. One of the parties can terminate the contract under the terms of the clause.
Breach of Contract
This happens when one of the parties doesn’t live up to what they were meant to do under the terms of the contract. If damages happened, the party that was “damaged” can be owed financial relief. Damages is a remedy that is in the form of money. It is also possible for the courts to award an injunction.
Frustration
Sometimes something happens that makes doing the deal impossible. Maybe there was an earthquake, or a civil war started. Neither party will be liable for this. It is not important that the terms of the contract were physically impossible to fulfill. It could just mean that the environment has dramatically changed.
Performance
If someone was meant to sell you a car, and they did, and you paid for it, the contract is likely over. Everyone has done what they were meant to do. If both sides are reasonably happy, then the contract has been fulfilled. Substantial performance occurs when all except for a trivial part of the contract obligations have been performed. Most people just let the small thing go as litigation is expensive.
Learn more: Why Won’t Lawyers Communicate with Clients?
As you can see, there are many ways to end a contract. If you need help with a business contract, call us toll free at 844-466-6529