What is the Effect of refusal of party to perform promise wholly? Section 39 of Indian Contract Act 1872
39. 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.
Illustrations
(a) A, a singer, enters into a contract with B, the manager of a
theatre, to sing at his theatre two nights in every week during
the next two months, and B engages to pay her 100 rupees for
each night's performance. On the sixth night A wilfully absents
herself from the theatre. B is at liberty to put an end to the
contract.
(b) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and B engages to pay her at the rate of 100 rupees for each night. On the sixth night A wilfully absents herself. With the assent of B, A sings on the seventh night. B has signified his acquiescence in the continuance of the contract, and cannot now put an end to it, but is entitled to compensation for the damage sustained by him through A's failure to sing on the sixth night.
Section 21 - Effect of mistakes as to law
Section 22 - Contract caused by mistake of one party as to matter of fact
Section 23 - What considerations and objects are lawful and what not
Section 24 - Agreements void, if considerations and objects unlawful in part
Section 25 - Agreement void, if made without consideration
Section 26 - Agreement in restraint of marriage void
Section 27 - Agreement in restraint of trade void
Section 28 - Agreements in restraint of legal proceedings void
Section 29 - Agreements void for uncertainty
Section 30 - Agreements by way of wager void
CHAPTER III CONTINGENT CONTRACTS
Section 31 - Contingent contract defined
Section 32 - Enforcement of contracts contingent on an event happening
Section 33 - Enforcement of contracts contingent on an event not happening
Section 36 - Agreements contingent on impossible events void
CHAPTER IV THE PERFORMANCE OF CONTRACTS
Section 37 - Obligation of parties to contracts
Section 38 - Effect of refusal to accept offer of performance
Section 39 - Effect of refusal of party to perform promise wholly
By whom contracts must be performed