As a professional, it is important to note that not all legal jargon is easily understood by the general public. In this article, we will outline and explain which of the following is not considered as discharge by mutual consent or agreement.
Before diving into the answer, it is imperative to understand the concept of discharge by mutual consent or agreement. In legal terms, this refers to a situation where both parties in a contract agree to terminate the contract. This mutually beneficial agreement can occur for a variety of reasons, such as a breach of contract, change in circumstances, or simply a desire for both parties to move on.
Now, back to the question at hand. The following options are given:
A. Performance
B. Accord and satisfaction
C. Novation
D. Impossibility of performance
The correct answer is A. Performance.
Discharge by mutual consent or agreement requires both parties to agree on the termination of a contract. Performance, on the other hand, simply means that the terms of the contract have been fulfilled by one or both parties. It does not necessarily involve an agreement to terminate the contract.
Accord and satisfaction refer to a situation where both parties agree to a compromise or settlement to resolve any disputes or issues with the contract. Novation occurs when a new contract replaces the old one, with the consent of all parties involved. Impossibility of performance is a legal defense that excuses a party from fulfilling their obligations under a contract due to unforeseen circumstances that make performance impossible.
In conclusion, it is important to have a basic understanding of legal terminology when dealing with contracts and agreements. Discharge by mutual consent or agreement is one such term that is commonly used in legal circles. While performance is an essential aspect of any contract, it is not considered as discharge by mutual consent or agreement. The options presented in this question, namely accord and satisfaction, novation, and impossibility of performance, are all potential methods of discharging a contract by mutual consent or agreement.
