Also known as: discharges · discharged · discharging · dischargeable · discarcare · discargare · bankruptcy discharge
Written by attorneys · grounded in primary & secondary sources — see below
A method by which a legal duty or obligation is extinguished.
Deanna Davenport sold her home to Dustin Donovan. The purchase contract required the seller to repair the roof before closing. At closing Deanna delivered the deed and Dustin accepted it without the repairs being completed or mentioned in the deed. After closing Dustin discovered leaks. The contract duty to repair is extinguished because acceptance of the deed merges the contract into the deed.
Dominic Drake was elected President. He served his four-year term and the electors chose a successor. The constitutional vesting of executive power in the President for a fixed term ends his authority at the conclusion of that period.
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Dolores Diaz hired counsel to handle a contract dispute. After several months she sent a letter stating she no longer wished the lawyer to represent her. The representation ends upon the client's discharge of the lawyer.
Delta Dynamics and Dawson Steel signed a detailed supply contract containing an integration clause. Earlier emails had discussed a volume discount that was omitted from the final writing. The binding integrated agreement extinguishes the inconsistent prior discount term.
Desert Oil formed a limited partnership that later dissolved. During winding up the general partner paid all creditors from partnership assets before distributing remaining funds to partners. The statute requires the partnership to discharge its debts and obligations as part of closing its affairs.
Duarte Shipping operated as a general partnership that decided to dissolve. The partners collected assets and used them to pay all outstanding liabilities before any distribution to themselves. The statute directs the partnership to discharge its debts and obligations during winding up.
Acceptance of the deed merges the contract into the deed and discharges unembodied promises. Exceptions exist for fraud, mutual mistake, or truly collateral agreements. A buyer who accepts the deed without the repairs being performed or reserved in the deed generally loses the contract claim.
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A binding integrated agreement discharges prior agreements to the extent they are inconsistent with it. A completely integrated agreement also discharges prior agreements within its scope. An agreement that is not binding or that is avoided does not discharge prior terms.
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During winding up the partnership must discharge its debts, obligations, and other liabilities before distributing assets to partners. Both limited and general partnership statutes impose this duty on the entity.
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A client may discharge the lawyer at any time. Upon discharge the lawyer must cease representation subject to any court approval or protective duties required by the rules.
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…been in the contemplation of the parties at the date of the contract. If all these are answered affirmatively, both parties are discharged from further performance of the contract. I think the coronation procession was the foundation of this contract, its non-happening prevented performance, and that the non-happening was an…