The legal position on recovering deposits or earnest money after a contract is discharged can vary based on the jurisdiction and the specific circumstances surrounding the contract. Here are some general principles that apply in many legal systems:

1. Nature of the Deposit: Deposits or earnest money are typically intended to demonstrate a party's commitment to the contract. Depending on the terms of the contract, these funds may be refundable or non-refundable.

2. Contract Terms: The specific terms outlined in the contract regarding deposits are crucial. If the contract states that the deposit is non-refundable upon discharge, then the party may not be able to recover it. Conversely, if the contract allows for a refund under certain conditions, those conditions will govern the recovery.

3. Discharge of Contract: A contract can be discharged in several ways, including mutual agreement, performance, breach, or frustration of purpose. The reason for the discharge can affect the recovery of deposits:

   • Mutual Agreement: If both parties agree to discharge the contract, they may also agree on the return of the deposit.
   • Breach: If one party breaches the contract, the non-breaching party may be entitled to recover the deposit.
   • Frustration: If the contract becomes impossible to perform due to unforeseen circumstances, the parties may be entitled to a refund of the deposit.

4. Legal Precedents: Courts often look at past cases to determine how to handle deposits in similar situations. Legal precedents can provide guidance on how deposits should be treated upon contract discharge.

5. Jurisdictional Variations: Different jurisdictions may have specific laws governing deposits and earnest money. For example, real estate transactions often have specific regulations regarding earnest money deposits.

6. Equitable Considerations: In some cases, courts may consider equitable principles, such as fairness and the intentions of the parties, when deciding on the recovery of deposits.

Conclusion

To determine the specific legal position on recovering deposits or earnest money after a contract discharge, it is advisable to consult the contract terms, consider the reason for discharge, and seek legal advice based on the relevant jurisdiction. If you have a specific case or jurisdiction in mind, providing that information could lead to a more tailored response.