If a particular element is necessary for the performance of the debtor, the debtor`s obligation ceases to apply if its deterioration or deterioration in unusable or unusable is the use of the debtor. Diane`s Dyers buys the sheep ranch`s annual wool production, but the sheep die of an epidemic disease before they can be sheared. Since the specific thing for which the contract was made has been destroyed, Sheepish is relieved of his duty to provide wool to Diane, and Diane has no claim against the ranch. However, if the contract had prescribed a lot of wool without indicating that it should have come from the flock of sheep, the tax would not have been respected; Since wool is available on the open market, Sheepish could buy it and resell it to Diane`s. Leaders live on contracts, but they don`t necessarily die from them. But in modern theories, a doctrine of improvement has developed, called essential realization, the common law the idea that a promisor should not be denied all payments under a contract if his performance was imperfect, if the promisor was granted a significant benefit that must pay for the value received: if a party essentially but not completely, executed in such a way that the other party has received a benefit, the non-infringing party owes something for the value obtained. The reformulation (second) of contracts expresses it as follows: reformulation (second) of contracts, Article 237 d). Discharge by replacement agreement is a third way of mutual withdrawal. The parties may conclude a novationThe replacement of one obligation by another by mutual agreement of both parties; generally the replacement of one of the original parties to a contract with the consent of the remaining party, either a new contract or a contract in which a new person replaces the original debtor and the original debtor is revoked. If Mr. Olson is required to deliver a car to Jack, Jack and Mr. Olson may agree that the Dewey dealer should deliver the car to Jack instead of Mr.
Olson; The latter is relieved by this novation. A replaced agreementA new agreement between the original parties who waived rights under the old agreement. can also simply replace the original between the original parts. The parties may agree to waive performance obligations, the so-called mutual cancellation, the task of the right to demand the performance of the contract by both parties. This can be done by a formal written dischargeContract performance of the obligation from one party to another. the debtor is dismissed when the letter is delivered or when a condition is met. Or an obligation may be fulfilled by a contract not to complain about it. The parties are free to accept almost any contract they want, and they are free to agree to terminate the contract whenever they wish. There are several ways to do this. A creditor may unilaterally discharge the debtor`s obligation to the creditor by cancelling, destroying or surrendering the written document containing the contract or any other evidence of the obligation. No consideration is required; In fact, the creditor donates the right he owns.
It is not necessary to have a particular type of cancellation, destruction or surrender as long as the creditor expresses his intention that the act will have the effect of fulfilling the obligation. . . .