The definition of "discharge by breach" is:
A) performance that is incomplete but that does not defeat the purpose of the contract but entitles the injured party to damages.
B) wrongful failure to perform the terms of a contract that gives rise to a right to damages by the injured party.
C) a breach that prevents performance by either party.
D) None of these.

Question

Quizplus · Accepted Answer

Discharge by breach occurs when one party wrongfully fails to perform the terms of a contract, giving rise to a right to damages by the injured party. This is the most accurate definition of discharge by breach out of the options given. Option A describes partial performance, while option C describes a situation where neither party can perform due to unforeseen circumstances, neither of which are examples of discharge by breach. Option D is incorrect because one of the options is the correct definition of discharge by breach.

The Definition of "Discharge by Breach" Is