discharge by operation of law

A breach of contract may be so fundamental to the contract that the innocent party is entitled to treat the contract as discharged. For example, if the breach is a total breach or a breach of a term of vital importance. On the other hand the breach may be minor so that the innocent party cannot be discharged from the contract but may claim damages from the other party. This may be the cost of rectification.


If there is an error in the adjustment, the party that suffers can claim compensation after completion.

See errors and misdescriptions