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Section 39 - Effect of refusal of party to perform promise wholly : Indian Contract Act 1872

What is the Effect of refusal of party to perform promise wholly? Section 39 of Indian Contract Act 1872


 

Section 39 of Indian Contract Act 1872 : "Effect of refusal of party to perform promise wholly"

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.

 

INDIAN CONTRACT ACT 1872

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 34 - When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person

Section 35 - When contracts become void which are contingent on happening of specified event within fixed time

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

Section 40 - Person by whom promise is to be performed

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