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English to French translations [PRO]
Law/Patents - Law: Contract(s) | | English term or phrase: discharged by performance | | o where a dispute arises in relation to a contract which has been discharged by performance and a release already provided; |
| Cyril Bel-AngeKudoZ activityQuestions: 974 (none open) ( 92 closed without grading) Answers: 49
| | Local time: 16:21
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| | dont les obligations ont été exécutées | Explanation:
Si je me fie à la déf. de discharge by performance:
Discharge Of Contract By Performance
237. A contract is discharged by performance -
(a) Where a promise has been given upon an executed consideration, and is performed by the promisor.
(b) Where one promise has been given in consideration of another, and both are performed.
Performance of a contract which amounts to an extinction of the obligation must be distinguished from performance which discharges one, only, of the parties from further liabilities under it. Where a promise has been given upon an executed consideration, the promisee has performed his part in the formation of the contract, and performance of his promise by the promisor discharges the contract. All has been done on both sides that could be required to be done under the contract. Where the contract is wholly executory - that is, where one promise has been given in consideration of another - performance by one party does not discharge the contract, though it discharges him from further liability under it. Each must have done his part, in order that performance may be a discharge of the contract.
Whether or not a contract has been performed, so far as the person performing the contract is concerned, must be answered by reference to the operation of contract, while, in so far as the performance is concerned, it must be answered by reference to the construction of contract.
Read more: http://chestofbooks.com/business/law/Handbook-Law-Of-Contrac... |
| Selected response from:
  Magali Brazier
France
Local time: 16:21
| Grading comment ok
4 KudoZ points were awarded for this answer |
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| Discussion entries: 0 |
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Automatic update in 00:
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11 mins confidence:  
16 mins confidence: peer agreement (net): +4 dont les obligations ont été exécutées
Explanation:
Si je me fie à la déf. de discharge by performance:
Discharge Of Contract By Performance
237. A contract is discharged by performance -
(a) Where a promise has been given upon an executed consideration, and is performed by the promisor.
(b) Where one promise has been given in consideration of another, and both are performed.
Performance of a contract which amounts to an extinction of the obligation must be distinguished from performance which discharges one, only, of the parties from further liabilities under it. Where a promise has been given upon an executed consideration, the promisee has performed his part in the formation of the contract, and performance of his promise by the promisor discharges the contract. All has been done on both sides that could be required to be done under the contract. Where the contract is wholly executory - that is, where one promise has been given in consideration of another - performance by one party does not discharge the contract, though it discharges him from further liability under it. Each must have done his part, in order that performance may be a discharge of the contract.
Whether or not a contract has been performed, so far as the person performing the contract is concerned, must be answered by reference to the operation of contract, while, in so far as the performance is concerned, it must be answered by reference to the construction of contract.
Read more: http://chestofbooks.com/business/law/Handbook-Law-Of-Contrac...
| Magali Brazier
France
Local time: 16:21
Specializes in field
Native speaker of:  French
PRO pts in category: 102
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The translation workplace 
