Chapter 12: Discharge of contractsDischarge of a contract:cancel or end the obligations of a contract; make an agreement or contract null and inoperativeWays a contract can be discharged1. Performance2. Agreement3. Frustration4. Operation of lawDischarge by performance1. The Nature of discharge by performance-parties expect a contract to be discharge by performance- the contract ends when both paties have performed all their respective obligations satisfactorily-both parties must fulfil their promises-> bilateral contract stages:-neither party has performed-one party has performed (delivered goods)-both parties have performed (paid for goods)2. Tender of performance-an attempt by one party to perform according to the terms of contract-other party may be refusing to accept performance-ex. a seller properly tenders if he delivers goods to the buyer who refuses to accept-> seller has held his end of the bargain. Not required to attempt delivery again -> may sue for breach of contract-> seller is demonstrating that they are ready, willing and able to complete the transactionDischarge by agreement1. Waiver-an agreement not to proceed with the performance of an existing contract-consideration? If neither party has fully performed when they agree to call of bargain, consideration is the waiver of each party-what if one party has fully performed but the other has not?