爱华网Terminationrefers to an ending, usuallybefore the end of the anticipated term of the contract.
Termination may be by mutualagreement or may be by exercise of one party of one of his remediesdue to the default of the other party.
Cancellationoccurs when either party putsan end to the contract for breach by the other and its effect isthe same as that of "termination "except that the canceling partyalso remains any remedy for breach of the whole contract or anyunperformed balance.
When it is said that acontract is discharged, it is always meant that one or moreof the legal relations of the parties have been terminated .themeaning that is most commonly intended is that the legal duty ofone of the parties has been terminated .A party who is asserted tobe under a legal duty by virtue of his contract may reply that theduty has been discharged by some factor that has occurred since themaking of the contract.
As for the rescind acontract ,that is to say ,to abrogate a contract ,release theparties from further obligations to each other and restore theparties to the positions they would have occupied if the contracthad never been made .For instance ,in rescinding a sales contract,any monies paid or goods received would usually be returned totheir original holders ,though the parties could agree otherwise.
1. Terminate a contract,名词形式termination ofcontract
Black's LawDictionary解释说：
Termination refers to anending, usually before the end of theanticipated预期的term of the contract, whichtermination may be by mutual agreement or may be by exercise of oneparty of one of his remedies救济due to the default of the otherparty.
Termination通常指合同在约定期满之前终止履行。该终止既可经双方同意而做出，也指一方因另一方违约而行使的一种救济权。
但是《美国统一商法典》却规定，“终止”是指合同方未违反合同约定而依法终止合同
（Under the UniformCommercial Code, "termination" means legally ending a contractwithout being broken by either side）
2. Cancel acontract,
Black's LawDictionary解释说：
Cancellation occurs wheneither party puts an end to the contract for breach by the otherand its effect is the same as that of "termination" except that thecanceling party also retains any remedy救济for breach of the wholecontract or any unperformed balance.
Cancel 指一方另因另一方违约而解除或取消合同，其效力与termination （终止）一词几乎一致，不同点在于撤销一方仍有权对整个合同或合同中未履行部分主张救济。
3. Discharge acontract
Steven H.Gifis的“Law Dictionary”解释说：
When it is said that acontract is discharged, it always meant that one or more of thelegal relations of the parties have been terminated. The meaningthat is most commonly intended is that the legal duty of one of theparties has been terminated. A party who is asserted宣称 to be under a legalduty by virtue of 优点his contract may replythat duty has been discharged by some factor that has occurredsince the making of the contract.
Discharge a contract意味着合同当事人的合同关系已经终止。他方在主张自己应履行因合同而发生的法定义务时可辩称，合同义务已因订立合之后发生的因素而解除。看来discharge a contract多指合同关系的解除。
4. Rescind acontract
Steven H. Gifis的“LawDictionary”解释说：
Toabrogate废除a contract, release the partiesfrom further obligations to each other and restore the parties tothe positions they would have occupied if the contract had neverbeen made. For instance, in rescinding 废除 a sales contract, anymonies paid or goods received would usually be returned to theiroriginal holders though the parties could agreeotherwise.
Rescind acontract指取消合同，免除当事人之间合同义务，将当事人各自地位恢复到合同订立之前的状态。比如，解除买卖合同时，尽管当事人可另有约定，但通常会将支付的价款或收到的货物返还给原持有人。Rescind a contract 这种解除意味着将法事人关系恢复到合同成立之前的状态。
5．Revoke a contract
Black's LawDictionary解释说：to annul or make void by recalling or takingback即以取消或撤回的方式废止或宣布无效。相比之下，revoke出于行为人的意愿意，即是行为人主动发出的行为。了解上述区别与联系，可避免对应单词的混用，实现术语的准确表达。
