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Which of These Is Not an Example of Discharge of a Contract by Operation of Law

When it comes to contracts, there are several ways in which they can be discharged. One of those ways is through operation of law. This occurs when a contract is terminated due to a legal principle or rule rather than through the actions of the parties involved. While there are several examples of discharge by operation of law, there is one thing that is not an example. Let`s take a closer look.

First, let`s define what we mean by discharge of a contract by operation of law. This refers to situations where a contract is terminated without any voluntary action on the part of the parties involved. Instead, the contract is ended due to external factors such as a change in the law, the occurrence of an event that makes performance impossible, or the death or incapacity of one of the parties.

So, what are some examples of discharge of a contract by operation of law? One example is frustration of purpose. This occurs when an unforeseen event makes it impossible for one or both parties to fulfill the purpose of the contract. For example, if a contract is made for the rental of a wedding venue, but the venue is destroyed by a natural disaster before the wedding takes place, the contract would be discharged by frustration of purpose.

Another example is impossibility of performance. This occurs when an unforeseen event makes it impossible for one party to perform their obligations under the contract. For example, if a contractor is hired to build a house, but the house burns down before it can be completed, the contract would be discharged by impossibility of performance.

A third example is the death or incapacity of one of the parties. If one of the parties to a contract dies or becomes incapacitated, the contract is automatically terminated. This is because the contract was made between two specific individuals, and if one of them is no longer able to fulfill their obligations, the contract cannot continue.

Now, we come to the thing that is not an example of discharge of a contract by operation of law. Here it is: breach of contract. While breach of contract is a common reason for contracts to be terminated, it is not a discharge by operation of law. This is because breach of contract occurs when one party fails to fulfill their obligations under the contract, which is a voluntary action rather than an external factor. Breach of contract may lead to termination of the contract, but it is not a discharge by operation of law.

In conclusion, discharge of a contract by operation of law refers to situations where a contract is terminated due to external factors rather than voluntary actions by the parties involved. Examples of this include frustration of purpose, impossibility of performance, and death or incapacity of one of the parties. Breach of contract is not an example of discharge by operation of law. Understanding these principles can help you navigate contracts and ensure that you are aware of the various ways in which they can be terminated.