Ending a contract by agreement

Published by a ½Û×ÓÊÓÆµ Dispute Resolution expert
Practice notes

Ending a contract by agreement

Published by a ½Û×ÓÊÓÆµ Dispute Resolution expert

Practice notes
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There are numerous ways in which a contract can come to an end, not just by agreement, see: Terminating contracts—how and when a contract ends—overview for an outline, together with links to the underlying practical guidance, including Practice Note: Termination and expiry of contracts.

This Practice Note summarises the main ways in which a contract may be discharged by the parties’ agreement, including concepts of total discharge (release), total discharge (accord and satisfaction), total discharge (rescission) and total discharge (contractual termination) and partial discharge (variation) and partial discharge (waiver by estoppel).

For a summary, in tabular format, of the key and illustrative judgments handed down since 1 January 2020 considering contract law issues, including those dealing with contract termination, see Practice Notes:

  1. •

    Contract disputes—illustrative decisions (2024–2025)

  2. •

    Contract disputes—key and illustrative decisions (2020–2023) [Archived]

Agreeing to end a contract—the different ways

A contract may be wholly discharged by agreement as follows:

  1. •

    where one party releases the other from its obligations by deed (release)

  2. •

    the parties agree to compromise a contractual claim on agreed

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Jurisdiction(s):
United Kingdom
Key definition:
Contract definition
What does Contract mean?

A contract is a legally binding promise (oral or in writing) by one person to fulfil an obligation to another person in return for consideration. A binding contract comprises four elements: offer, acceptance, consideration and intention to create legal relations.

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