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‘A’ enters into a contract with ‘B’ to sing at his theatre two nights in every week during the next two months and ‘B’ engages to pay her at rate of Rs. 1000 for each night. ‘A’ willfully absents herself on the sixth night but with the assent of ‘A’ sings on the seventh night ‘B’:
Can put an end to the Contract
Can not put an end to the Contract
Is not liable to pay for five nights on which A had sung
Is not entitled to compensation for damage sustained by him on the sixth night
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.
By: Parvesh Mehta ProfileResourcesReport error
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