ABSTRACT

Introduction Once formed by offer, acceptance and consideration, an agreement becomes an enforceable contract: for the duration of this contract, each party must perform his contractual obligations as specified by its terms with the consequence that, if either party fails to so perform, the disappointed party may go to court to seek contractual remedies against the non-performing party. This chapter considers the duration of the performance obligations in the contract. In this context, it is important to note that, just as the primary contractual performance obligations have a starting point – at formation – so they have an end point which arrives when the contract can be said to be discharged.