A Contract in Kenya is said to be discharged when the parties are freed from their mutual obligations. It is also called termination of a Contract in Kenya. Discharge of a Contract in Kenya may happen in any of the following ways.
Performance. A Contract in Kenya is said to have performed when both parties have fulfilled their end of the bargain.
Agreement. This may happen were parties to the contract by mutual agreement, agree to release each other.
Frustration or impossibility. A Contract in Kenya is said to be frustrated if an event occurs that brings its further fulfillment to an abrupt end. It is not done by either of the parties.
Breach. A Contract in Kenya is said to be breached when its terms are broken, when a party to the contract fails to honor their obligation.
Operation of the law. This may occur where there is lapse of time, death of party, substitution or bankruptcy
Lapse of time. The law requires that a Contract in Kenya be performed within a specified period of time called a period of limitation. If these time set lapses then the contract is discharged.
Any situation in which there is a right, there is also a remedy and a Contract in Kenya gives rise to correlative rights and obligation remedy is the means given by the law for enforcement of a right.
The remedies for breach of Contracts in Kenya include;
- Quantum meruit
- Specific performance
Damages as a remedy for Breach of a Contract in Kenya
Damages is one of the remedies for breach of Contracts in Kenya. These are monetary compensation allowed to the injured party of the loss for the injuries suffered by him/ her as a result of the breach of contract. The fundamental principal is compensation and not punishment.
The aim is to put the injured party in the same position as he would have been had there been performance. As general rule compensation must be commensurate with the injury or loss sustained arising naturally from the breach if actual loss is not proved, no damages will be awarded.
Damages can remedy Contracts in Kenya as a liquidated damage where whatever is awarded is commensurate with the damage penalty estimated and the rewards are in excess.
This is the second remedy for breach of Contracts in Kenya. These may be available to either party without claiming damages or compensation for work done it can also be done by claiming reasonable compensations
Specific performance is another remedy to breach of Contracts in Kenya. It means carrying out the contract as agreed. It is an equitable remedy and it may be granted where; monetary compensation is not adequate relief, there is no standard for asserting the actual damage and where it is probable that the compensation in money can’t be gotten.
It is a court order restraining a person from doing a particular act.
Rescission occurs when the aggrieved party decides not to perform his part of the contract. He may even sue and be granted rescission by the court in which case he becomes entitled to compensation for any damage which he has sustained through non-fulfillment of the contract. This is the last remedy for breach of Contracts in Kenya.
You can get more information in Business Training in Kenya
Conclusion on a Contract in Kenya
All these information gives detailed knowledge about a Contract in Kenya