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Multiple Choice
Which of the following will NOT discharge the obligation to perform a contract?
A
Mutual agreement to rescind the contract
B
Breach of contract by the debtor
C
Novation (substituting a new contract)
D
Payment of the liability in full
Verified step by step guidance
1
Understand the concept of 'discharge of obligation' in contract law. Discharge refers to the termination of the contractual duties, meaning the parties are no longer bound to perform under the contract.
Analyze each option provided in the question to determine whether it discharges the obligation to perform the contract. Start with 'Mutual agreement to rescind the contract.' If both parties agree to cancel the contract, the obligation is discharged.
Evaluate 'Novation (substituting a new contract).' Novation involves replacing the original contract with a new one, which discharges the obligations under the original contract.
Consider 'Payment of the liability in full.' When the debtor pays the liability in full, the obligation is discharged because the terms of the contract have been fulfilled.
Finally, examine 'Breach of contract by the debtor.' A breach does not discharge the obligation to perform the contract; instead, it may lead to legal remedies or enforcement of the contract terms. This is the option that does NOT discharge the obligation.