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It releases the parties from further contractual obligations."},{"text":"pre-contractual negotiations","correct":false,"explanation":"Contractual discharge concerns duties created by an existing contract, not discussions before its formation. The parties are released from further contractual obligations."},{"text":"liability for earlier breaches","correct":false,"explanation":"Discharge does not necessarily remove liability for an earlier breach, because accrued claims may survive. 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The claimant could therefore recover the agreed price after deducting the reasonable cost of repairing those defects."},{"text":"The full contract price without any deductions.","correct":false,"explanation":"Substantial performance permits recovery, but minor defects still justify a deduction. The recoverable amount is the contract price minus defect repair costs, not the full price."},{"text":"The defect repair costs without the contract price.","correct":false,"explanation":"The remedy is not limited to reimbursement of repair expenses. Substantial performance allows recovery of the contract price, reduced by the cost of repairing defects."},{"text":"No contract price because any defect prevents recovery.","correct":false,"explanation":"The court did not deny payment altogether because the defects were comparatively minor. Substantial performance allowed the contract price minus defect repair costs to be recovered."}]},{"id":"67249b1a-1d49-4c88-87aa-576286faa21c","cardType":"basic","points":1,"front":"Why did substantial performance fail in Bolton v Mahadeva?","back":"The defects were too serious.","mcqOptions":[{"text":"The defects were too serious.","correct":true,"explanation":"The heating system’s defects substantially reduced its effectiveness and required costly correction. They were too serious for the work to count as substantial performance."},{"text":"The work was completed too late.","correct":false,"explanation":"The claim failed because of the scale and consequences of the defective work, not simply because performance was late. The defects were too serious for substantial performance."},{"text":"The contract was mutually rescinded.","correct":false,"explanation":"The central issue was the defective and ineffective heating system, rather than an agreed cancellation. Substantial performance failed because the defects were too serious."},{"text":"The defects were present at all.","correct":false,"explanation":"Substantial performance can apply despite minor defects, so the mere existence of any defect is insufficient. It failed here because the defects were too serious."}]},{"id":"37e6f31a-1b26-4d56-aab1-cd931cdd9961","cardType":"basic","points":1,"front":"When does accepted partial performance make a reasonable sum payable?","back":"When acceptance is free and genuine.","mcqOptions":[{"text":"When acceptance is free and genuine.","correct":true,"explanation":"A reasonable sum may be claimed where the receiving party freely chooses to accept incomplete performance. Acceptance must be free and genuine, rather than practically unavoidable."},{"text":"When acceptance is informed but unavoidable.","correct":false,"explanation":"Knowing that performance is incomplete does not alone create an obligation to pay. The recipient’s acceptance of the partial benefit must be free and genuine."},{"text":"When acceptance is assumed from silence.","correct":false,"explanation":"Silence does not necessarily show a voluntary choice to accept partial performance. A reasonable sum becomes payable only when acceptance is free and genuine."},{"text":"When acceptance is forced by circumstances.","correct":false,"explanation":"Using work that cannot realistically be rejected, such as construction on one’s own land, may not be voluntary acceptance. Acceptance must be free and genuine."}]},{"id":"b75d1b89-1c99-4613-bce4-b3f46df1ffcf","cardType":"cloze","points":null,"front":"In Sumpter v Hedges, accepted partial performance failed because the landowner had [ ].","back":"In Sumpter v Hedges, accepted partial performance failed because the landowner had no real choice.","mcqOptions":[{"text":"no real choice","correct":true,"explanation":"The landowner’s acceptance was not voluntary because there was no real choice about accepting the partial performance, so the exception allowing payment did not apply in Sumpter v Hedges."},{"text":"a contractual right","correct":false,"explanation":"A contractual right would not explain why acceptance was ineffective. The key point in Sumpter v Hedges was that the landowner had no real choice but to accept the partial performance."},{"text":"full knowledge","correct":false,"explanation":"Knowledge of the incomplete work is not the relevant requirement. Acceptance failed because the landowner had no real choice about accepting the partial performance."},{"text":"an alternative remedy","correct":false,"explanation":"The existence of an alternative remedy does not determine whether acceptance was voluntary. The landowner’s acceptance was ineffective because there was no real choice."}]},{"id":"0df709b4-f090-48a4-bbe2-3228484810c0","cardType":"basic","points":2,"front":"What made termination possible in Charles Rickards Ltd v Oppenheim?","back":"Notice made time essential, then the deadline was missed.","mcqOptions":[{"text":"Notice made time essential, then the deadline was missed.","correct":true,"explanation":"The notice made compliance with the new deadline essential. When the contractor missed that deadline, the innocent party was entitled to terminate in Charles Rickards Ltd v Oppenheim."},{"text":"The original contract made time essential, then payment was missed.","correct":false,"explanation":"The original term did not make time essential in the relevant way, and the issue was late delivery rather than missed payment. Notice made time essential before the deadline was missed."},{"text":"Notice made performance optional, then the deadline was extended.","correct":false,"explanation":"Notice did not make performance optional or extend the deadline. It made time essential, so missing the stated deadline allowed termination in Charles Rickards Ltd v Oppenheim."},{"text":"The court made time essential, then the goods were rejected immediately.","correct":false,"explanation":"The court did not create the essential time condition, and immediate rejection was not the legal trigger. Notice made time essential, followed by failure to meet the deadline."}]},{"id":"d67c60a3-e7a0-4e27-a348-162b39003770","cardType":"cloze","points":null,"front":"Frustration requires an [ ] after formation, without fault, making performance impossible, illegal or [ ].","back":"Frustration requires an unforeseen event after formation, without fault, making performance impossible, illegal or radically different.","mcqOptions":[{"text":"Frustration requires an unforeseen event after formation, without fault, making performance impossible, illegal or radically different.","correct":true,"explanation":"Frustration applies where an unforeseen event occurs after formation without either party’s fault and transforms performance into something impossible, illegal or radically different from what was agreed."},{"text":"Frustration requires an unforeseen event after formation, without fault, making performance impossible, illegal or substantially more expensive.","correct":false,"explanation":"A rise in expense alone is normally insufficient, even if substantial. Frustration requires performance to become impossible, illegal or radically different, rather than merely more costly."},{"text":"Frustration requires a breach of contract after formation, without fault, making performance impossible, illegal or radically different.","correct":false,"explanation":"Frustration is not based on a breach by either party. It requires an unforeseen event after formation, without fault, that makes performance impossible, illegal or radically different."},{"text":"Frustration requires a foreseeable event after formation, without fault, making performance impossible, illegal or radically different.","correct":false,"explanation":"Foreseeability usually prevents reliance on frustration because the parties could have allocated the risk. 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Its effect is automatic: the contract ends when the frustrating event occurs."},{"text":"It leaves the contract in force but removes damages.","correct":false,"explanation":"The contract is not left in force with only damages removed. Frustration automatically ends the contract and discharges future obligations."}]},{"id":"7ee9d911-e262-499a-b78f-a4a883ae6cb9","cardType":"basic","points":2,"front":"Why was the contract frustrated in Taylor v Caldwell?","back":"The music hall burned down, making performance impossible.","mcqOptions":[{"text":"The music hall burned down, making performance impossible.","correct":true,"explanation":"The music hall’s destruction removed the essential venue for the concerts. Because the premises no longer existed, performance became impossible and the contract was frustrated."},{"text":"The music hall was damaged, making performance more expensive.","correct":false,"explanation":"The case did not involve merely increased expense or inconvenience. The music hall burned down, making the agreed performances impossible and frustrating the contract."},{"text":"The performers withdrew, making performance unprofitable.","correct":false,"explanation":"The contract was not frustrated because performers withdrew or because the event became unprofitable. The essential music hall was destroyed, making performance impossible."},{"text":"The audience numbers fell, making performance commercially difficult.","correct":false,"explanation":"Reduced audience numbers would affect profitability but would not necessarily destroy the contractual obligation. The hall burned down, so the promised performances became impossible."}]},{"id":"e91006ac-49ed-4c76-8bd5-98d314b38dcb","cardType":"basic","points":2,"front":"Why was the contract frustrated in Krell v Henry?","back":"The coronation cancellation destroyed the shared commercial purpose.","mcqOptions":[{"text":"The coronation cancellation destroyed the shared commercial purpose.","correct":true,"explanation":"Both parties understood that hiring the room was for viewing the coronation procession. Cancelling the coronation destroyed that shared purpose, so the contract was frustrated."},{"text":"The coronation cancellation made the contract more expensive.","correct":false,"explanation":"The important effect was not increased expense. Cancellation removed the shared commercial purpose of hiring the room, which was to view the coronation procession."},{"text":"The defendant’s illness made performance impossible.","correct":false,"explanation":"The defendant’s personal illness was not the frustrating event in this case. The coronation cancellation destroyed the shared commercial purpose of the room hire."},{"text":"The procession changed route, creating a minor inconvenience.","correct":false,"explanation":"The case involved cancellation of the coronation, not merely a minor route change. That cancellation destroyed the shared commercial purpose behind the agreement."}]},{"id":"7a9a0d96-04f8-4b99-9ae6-c85b9bf373df","cardType":"basic","points":2,"front":"Why did frustration fail in Davis Contractors v Fareham UDC?","back":"Performance was harder, not radically different.","mcqOptions":[{"text":"Performance was harder, not radically different.","correct":true,"explanation":"The building work became more difficult and expensive, but it remained essentially the same contractual performance. Increased hardship alone does not make performance radically different."},{"text":"Performance became impossible, not merely more expensive.","correct":false,"explanation":"Performance was not impossible in Davis Contractors v Fareham UDC; it was completed despite delay and increased cost. Frustration failed because the work was not radically different."},{"text":"Performance was illegal, not commercially difficult.","correct":false,"explanation":"No new illegality prevented the building work. The work was commercially difficult and more expensive, but that did not transform it into radically different performance."},{"text":"Performance was abandoned, not delayed.","correct":false,"explanation":"The contractor did not abandon the work; it was eventually completed. Delay and increased expense did not make the contractual performance radically different."}]},{"id":"be2c4e0a-542c-413a-9523-cb9e10ead363","cardType":"basic","points":1,"front":"Why could the party not rely on frustration in Maritime National Fish v Ocean Trawlers?","back":"The frustration was self-induced.","mcqOptions":[{"text":"The frustration was self-induced.","correct":true,"explanation":"The party could not rely on frustration because it chose not to accept an available fishing licence. A frustrating event cannot generally be relied on when the party caused or contributed to it."},{"text":"The frustration was foreseeable.","correct":false,"explanation":"Foreseeability was not the decisive issue in this case. The party’s own choice not to accept an available licence made the frustration self-induced, preventing reliance on the doctrine."},{"text":"The frustration was temporary.","correct":false,"explanation":"The problem was not simply that the licence restriction was temporary. The party had contributed to the situation by rejecting an available licence, making the frustration self-induced."},{"text":"The frustration was caused by the other party.","correct":false,"explanation":"The other party did not cause the relevant frustrating circumstances. The party seeking to rely on frustration had chosen not to take an available licence, so the frustration was self-induced."}]},{"id":"91a1026f-c408-4704-8dbb-ada641a79a99","cardType":"cloze","points":null,"front":"A [ ] sets out what happens if events beyond the parties' control occur.","back":"A force majeure clause sets out what happens if events beyond the parties' control occur.","mcqOptions":[{"text":"force majeure clause","correct":true,"explanation":"This clause allocates the consequences of events outside the parties’ control, such as war, strikes or natural disasters, which may prevent or delay contractual performance."},{"text":"exclusion clause","correct":false,"explanation":"An exclusion clause limits or removes liability for particular losses; it does not specifically regulate the consequences of uncontrollable events. The correct term is the clause dealing with force majeure events."},{"text":"liquidated damages clause","correct":false,"explanation":"A liquidated damages clause fixes the sum payable after a specified breach. It does not address events beyond the parties’ control, which are covered by the correct contractual clause."},{"text":"entire agreement clause","correct":false,"explanation":"An entire agreement clause states that the written contract contains the parties’ complete agreement. It is unrelated to unexpected external events affecting performance."}]},{"id":"f5feabb3-c499-45cd-9252-7e3f096a6977","cardType":"cloze","points":null,"front":"Under s1(2) Law Reform (Frustrated Contracts) Act 1943, money paid before frustration is [ ], and money due but unpaid is [ ].","back":"Under s1(2) Law Reform (Frustrated Contracts) Act 1943, money paid before frustration is recoverable, and money due but unpaid is no longer payable.","mcqOptions":[{"text":"Under s1(2) Law Reform (Frustrated Contracts) Act 1943, money paid before frustration is recoverable, and money due but unpaid is no longer payable.","correct":true,"explanation":"Section 1(2) reverses the usual position after frustration: money already paid can be recovered, while sums that were due but unpaid cease to be payable."},{"text":"Under s1(2) Law Reform (Frustrated Contracts) Act 1943, money paid before frustration is refundable, and money due but unpaid is still payable.","correct":false,"explanation":"The statute uses the more precise legal consequences that paid money is recoverable and unpaid money is no longer payable. Frustration does not leave the outstanding sum due."},{"text":"Under s1(2) Law Reform (Frustrated Contracts) Act 1943, money paid before frustration is retained, and money due but unpaid is no longer payable.","correct":false,"explanation":"The Act generally permits money paid before frustration to be recovered, subject to the statutory rules. Retaining it as the default reverses the effect of section 1(2)."},{"text":"Under s1(2) Law Reform (Frustrated Contracts) Act 1943, money paid before frustration is recoverable, and money due but unpaid is payable in full.","correct":false,"explanation":"The statute distinguishes between money already paid and money still outstanding. The latter is no longer payable after frustration, rather than remaining payable in full."}]},{"id":"45e447ad-5adb-4812-bd52-89e412334969","cardType":"basic","points":1,"front":"Under s1(3) Law Reform (Frustrated Contracts) Act 1943, when may the court award a just sum?","back":"Where a party received a valuable benefit before frustration.","mcqOptions":[{"text":"Where a party received a valuable benefit before frustration.","correct":true,"explanation":"Under section 1(3), the court may award a just sum where one party has obtained a valuable benefit from the other before the frustrating event, such as through partial performance."},{"text":"Where a party suffered a financial loss before frustration.","correct":false,"explanation":"A loss alone does not trigger section 1(3). The court’s power concerns a valuable benefit received before frustration, so the right focus is enrichment rather than disadvantage."},{"text":"Where a party received no benefit before frustration.","correct":false,"explanation":"The provision is concerned with benefits actually received before frustration. If no benefit was obtained, there is no basis under section 1(3) for awarding a just sum on that ground."},{"text":"Where a party caused a breach of contract before frustration.","correct":false,"explanation":"Section 1(3) is not a general remedy for breach. It allows a just sum where a party received a valuable benefit before the contract was frustrated."}]},{"id":"e3a9c799-f42e-4e3f-bbbd-c85fafca0f0c","cardType":"cloze","points":null,"front":"An actual breach happens when performance is [ ] or attempted defectively; an anticipatory breach happens [ ].","back":"An actual breach happens when performance is due or attempted defectively; an anticipatory breach happens before performance is due.","mcqOptions":[{"text":"An actual breach happens when performance is due or attempted defectively; an anticipatory breach happens before performance is due.","correct":true,"explanation":"An actual breach occurs at the time performance is due, including defective performance. An anticipatory breach occurs earlier, when a party indicates non-performance before the due date."},{"text":"An actual breach happens when performance is before performance is due or attempted defectively; an anticipatory breach happens after performance is due.","correct":false,"explanation":"This reverses the timing distinction. Actual breach is connected with the due date, whereas anticipatory breach occurs beforehand when future non-performance is indicated."},{"text":"An actual breach happens when performance is due or attempted defectively; an anticipatory breach happens on the date performance is due.","correct":false,"explanation":"An anticipatory breach must precede the due date; occurring on that date would normally be an actual breach. The essential distinction is whether the breach happens before performance falls due."},{"text":"An actual breach happens when performance is after performance is due or attempted defectively; an anticipatory breach happens before performance is due.","correct":false,"explanation":"The anticipatory timing is correct, but actual breach does not require performance to be late. It can arise when performance is due or when performance is carried out defectively."}]},{"id":"9477b5a2-1d6a-412c-994c-3bd9f0a292ca","cardType":"basic","points":1,"front":"What did Hochster v De la Tour allow after anticipatory breach?","back":"The innocent party could sue immediately.","mcqOptions":[{"text":"The innocent party could sue immediately.","correct":true,"explanation":"Hochster v De la Tour established that an innocent party need not wait until the contractual performance date after anticipatory breach and may bring a claim immediately."},{"text":"The innocent party could sue only when performance was due.","correct":false,"explanation":"This reflects the older approach that required waiting until the due date. Hochster v De la Tour established the modern rule allowing immediate proceedings after anticipatory breach."},{"text":"The innocent party could automatically terminate without accepting the breach.","correct":false,"explanation":"The case established the right to sue before the performance date, not automatic termination without a choice by the innocent party. Acceptance and termination remain relevant decisions."},{"text":"The innocent party could claim specific performance only.","correct":false,"explanation":"Hochster v De la Tour concerned when proceedings could begin, not a restriction to specific performance. The innocent party could sue immediately, commonly seeking damages."}]},{"id":"27e08de6-63aa-4f99-b591-49004cf55ef8","cardType":"basic","points":2,"front":"What can the innocent party do after a repudiatory breach?","back":"

Terminate future obligations.
Claim damages.

","mcqOptions":[{"text":"

Terminate future obligations.
Claim damages.

","correct":true,"explanation":"A repudiatory breach is sufficiently serious to let the innocent party accept the breach, terminate future contractual obligations and claim damages for the loss caused."},{"text":"

Terminate future obligations.
Lose the right to damages.

","correct":false,"explanation":"Termination does not remove the right to compensation. After a repudiatory breach, the innocent party can generally end future obligations and claim damages for resulting loss."},{"text":"

Continue future obligations.
Claim damages.

","correct":false,"explanation":"Continuing the contract may be possible in some circumstances, but the defining response to a repudiatory breach is the right to terminate future obligations while also claiming damages."},{"text":"

Terminate future obligations.
Claim nothing.

","correct":false,"explanation":"The innocent party is not limited to ending the contract. Damages may also be claimed to compensate for loss caused by the repudiatory breach."}]},{"id":"0c746c2f-8c1d-4631-95fd-5b7077d56c1d","cardType":"cloze","points":null,"front":"A non-repudiatory breach gives [ ] and the contract continues.","back":"A non-repudiatory breach gives damages only and the contract continues.","mcqOptions":[{"text":"damages only","correct":true,"explanation":"A non-repudiatory breach is not serious enough to justify ending the contract. The innocent party remains bound by future obligations but may claim damages for the breach."},{"text":"termination only","correct":false,"explanation":"Termination is normally available for a repudiatory breach, not a non-repudiatory breach. The lesser breach leaves the contract continuing and provides damages only."},{"text":"damages and termination","correct":false,"explanation":"This combines the remedies for a serious repudiatory breach with a less serious breach. A non-repudiatory breach does not give the right to terminate the contract."},{"text":"no remedy","correct":false,"explanation":"A non-repudiatory breach still gives the innocent party a damages claim. The mistake is treating the absence of termination as meaning there is no legal remedy."}]},{"id":"58a6ee45-b5dc-4b35-830a-ce93363897e6","cardType":"basic","points":1,"front":"What is the effect of breaching a condition?","back":"The breach is repudiatory.","mcqOptions":[{"text":"The breach is repudiatory.","correct":true,"explanation":"A condition is an important term going to the root of the contract. Breaching it is repudiatory, allowing the innocent party to terminate and claim damages."},{"text":"The breach is non-repudiatory.","correct":false,"explanation":"Non-repudiatory consequences usually follow breach of an innominate term where the effects are not sufficiently serious. A condition is classified as a major term."},{"text":"The breach is automatically frustrating.","correct":false,"explanation":"Frustration concerns an unforeseen event making performance radically different, not ordinary breach of a contractual term. Breach of a condition is instead repudiatory."},{"text":"The breach is remedied without damages.","correct":false,"explanation":"Breach of a condition is not automatically cured or deprived of a damages remedy. It is repudiatory, so termination and damages may both be available."}]},{"id":"794b488d-edb5-4a7c-b0a9-ed9bafed379f","cardType":"basic","points":1,"front":"What is the effect of breaching a warranty?","back":"It gives damages only.","mcqOptions":[{"text":"It gives damages only.","correct":true,"explanation":"A warranty is a less serious contractual term, so its breach does not permit termination. The innocent party may claim damages for any loss caused by the breach."},{"text":"It gives termination only.","correct":false,"explanation":"Termination alone is not available for breach of a warranty. The remedy is damages only because a warranty is not sufficiently important to justify ending the contract."},{"text":"It gives termination and damages.","correct":false,"explanation":"This confuses a warranty with a condition, whose breach generally permits termination and damages. Breach of a warranty gives damages only."},{"text":"It makes the contract automatically void.","correct":false,"explanation":"Breach does not automatically make a contract void. Where the term is a warranty, the contract continues and the innocent party may claim damages only."}]},{"id":"7e3fb782-224b-41f7-a3eb-e62d7386ddd4","cardType":"basic","points":2,"front":"For an innominate term, what test decides whether termination is available?","back":"Whether the breach deprived them of substantially the whole benefit.","mcqOptions":[{"text":"Whether the breach deprived them of substantially the whole benefit.","correct":true,"explanation":"For an innominate term, termination depends on the seriousness of the consequences. It is available where the breach substantially deprives the innocent party of the contract’s expected benefit."},{"text":"Whether the breach deprived them of any contractual benefit.","correct":false,"explanation":"Loss of any benefit is too low a threshold for termination. The breach must deprive the innocent party of substantially the whole benefit of the contract."},{"text":"Whether the term was labelled a condition in the contract.","correct":false,"explanation":"This classification-based approach applies to conditions rather than innominate terms. For an innominate term, the court asks whether substantially the whole contractual benefit was lost."},{"text":"Whether the breach caused them any financial loss.","correct":false,"explanation":"Financial loss may support a damages claim but does not by itself determine termination. The relevant test is whether substantially the whole benefit of the contract was lost."}]},{"id":"f7a9b968-591e-4c0c-8bb8-9c7e354f7e76","cardType":"basic","points":1,"front":"What is the basic aim of contract damages under Robinson v Harman?","back":"Put the claimant as if the contract was properly performed.","mcqOptions":[{"text":"Put the claimant as if the contract was properly performed.","correct":true,"explanation":"Contract damages primarily protect the expectation interest. They aim to place the claimant in the financial position they would have occupied had the contract been properly performed."},{"text":"Restore the claimant to their pre-contract position.","correct":false,"explanation":"Returning the claimant to the pre-contract position protects the reliance interest, not the basic expectation measure in Robinson v Harman. The usual aim assumes proper performance."},{"text":"Strip the defendant of every profit from breach.","correct":false,"explanation":"Contract damages are not generally measured by removing the defendant’s gains. Robinson v Harman instead aims to put the claimant in the position produced by proper performance."},{"text":"Punish the defendant for failing to perform.","correct":false,"explanation":"Contract damages are compensatory rather than punitive. Their basic aim is to place the claimant in the position they would have occupied if the contract had been properly performed."}]},{"id":"eadbe6ea-12a3-4bbf-b4dc-cd142120034a","cardType":"cloze","points":null,"front":"After anticipatory breach, affirming the contract means [ ] and waiting for performance.","back":"After anticipatory breach, affirming the contract means keeping it alive and waiting for performance.","mcqOptions":[{"text":"keeping it alive","correct":true,"explanation":"Affirmation rejects the opportunity to terminate for anticipatory breach and keeps the contract in force. The innocent party then waits to see whether performance occurs when due."},{"text":"ending it immediately","correct":false,"explanation":"Ending the contract immediately amounts to accepting the anticipatory breach, not affirming it. Affirmation means keeping the contract alive and continuing to await performance."},{"text":"accepting the breach","correct":false,"explanation":"Accepting the breach normally terminates the contract and allows an immediate damages claim. Affirming instead keeps the contract alive while the innocent party waits for performance."},{"text":"suspending its operation","correct":false,"explanation":"Affirmation does not temporarily pause the parties’ obligations. It keeps the contract alive, leaving both parties bound while the innocent party waits for performance."}]},{"id":"a9c45143-48ce-4a45-9f4c-009e1af65703","cardType":"basic","points":2,"front":"What risk did Avery v Bowden show after affirming an anticipatory breach?","back":"Later frustration may prevent a breach claim.","mcqOptions":[{"text":"Later frustration may prevent a breach claim.","correct":true,"explanation":"Avery v Bowden shows that affirmation leaves the contract alive and exposed to later events. If frustration discharges it before performance is due, no actionable breach may arise."},{"text":"Later frustration may guarantee a breach claim.","correct":false,"explanation":"Frustration does not guarantee liability; it may remove it by discharging the affirmed contract before performance becomes due. This can prevent the innocent party from establishing a breach claim."},{"text":"Affirmation may end the contract immediately.","correct":false,"explanation":"Affirmation keeps the contract alive rather than ending it immediately. The risk shown by Avery v Bowden is that later frustration may discharge it and prevent a breach claim."},{"text":"Later frustration may make termination retrospective.","correct":false,"explanation":"Later frustration does not retrospectively turn the earlier repudiation into a completed breach. It may discharge the affirmed contract before performance is due, preventing a breach claim altogether."}]}]}],"examCountdown":{"examDate":"2027-05-20","paperLabel":"Paper 1"},"heading":"Discharge","title":"Discharge Flashcards","topbar":{"backHref":"/a-level/law/ocr/flashcards"},"topicSidebar":"$L37"}]}],"topicId":"76093f5a-be79-5d8c-a8f1-e5d2131d2487","walled":"$L38"}],"$L39","$L3a"]