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When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety –
the promisee may put an end to the contract
the promise need not put an end to the contract if he has signified, by words or conduct, his acquiescence in its continuance
the promise is not entitled to put an end to the contract
Both (a) and (b)
Section 39 of the Indian Contract Act – 39. Effect of refusal of party to perform promise wholly. When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance.
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