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Discharge of Contracts, 22 Yale Law Journal 513 (1913)


In the law of contracts therd is a great deal of misunderstanding or lack of understanding in regard to certain topics connected with the subject of discharge. Some of this'is due to the fact that few men use such terms as condition and warranty in the same 'sense. The rest is due to faulty reasoning concerning matters that are admittedly difficult. This article will not attempt
to discuss the subject of discharge in all of its details, but will try to delimit the. field and will discuss at some length a few of the problems arising therein. In particular, the relations existing between the subject of fulfilment of conditions and the subject of discharge, and between breach of contract and discharge, will be discussed. It is believed that great assistance will be obtained from a clear understanding and a complete separation of primary
and secondary obligations. Like aid will be gained from the idea that the action of special assumpsit was an action for damages, was always the method of enforcing a secondary obligation, while the actions of debt and indebitatus assumpsit were chiefly for the enforcement of primary obligations.

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