Performance, Breach, and Discharge Whatever causes a binding promise to cease to be binding is a discharge of the contract. Discharge by Performance Discharge is the termination of a contractual duty.
Performance is the fulfillment of a contractual obligation.
Discharge by performance is undoubtedly the most frequent method of dicharging a contractual duty. If a promisor exactly performs his duty under the contract, the promisor is no longer subject to that duty. Under a bilateral contract, the refusal or rejection of a tender by one party may be treated as a repudiation , excusing or discharging the tendering party from further duty of performance under the contract. Breach A breach of a contract is a wrongful failure to perform its terms. Breach of contract always gives rise to a cause of action for damages by the aggrieved party.