![]() The sole obligation is only to exercise reasonable care and skill.Any failure to exercise reasonable care and skill would amount to breach. In the case the obligation is qualified there is no requirement to achieve a guaranteed result. In certain cases, the obligation is qualified. Since this act amounted to breach of condition, the buyer could reject the timber. This nevertheless amounted to a breach of contract. In fact, most of the timber was one-sixteenth thicker than the contractual description, although this was still perfectly usable for the purpose of making cement barrels. Ronassen timber staves of half an inch in thickness were purchased to make into cement barrels. ![]() If the rule of de minimis is not applicable in a particular situation then it constitutes breach. The only exception to this is the de minimis rule i.e. Some examples of strict obligations are the obligations as to description, fitness for purpose, satisfactory quality etc. The Standard of Performance: The general rule is that, the performance obligation is strict, so that the contractual obligation is precisely and completely performed. The obligation is considered performed only if the performance complies with the standard of performance required. ![]() DISCHARGE BY PERFORMANCE:Ī contract is said to be discharged by performance when both the parties perform all the primary obligations both express and implied which are set out under the contract. It is important to note that there are various other methods also, for the discharge of a contract. Editor’s Note: Discharge is the process whereby the primary objectives and obligations under a contract, which is validly formed, come to an end.The primary obligations of a contract are those which determine the performance obligation of the parties. In short, discharge of a contract does not destroy the contract it just brings the primary obligations to an end.The most common method of discharge of a contract is through performance of both parties’ primary obligations.
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