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Effects of preventing the performance of reciprocal promises (Sec. 53)

Sometimes, one party to a reciprocal promise prevents the other party from performing his promise. In such cases, the contract becomes voidable at the option of the party who is so prevented. Moreover the party so prevented may also recover compensation from the other party for any loss suffered due to non performance of the contract..



Sumit and Shahid contract that Shahid shall execute repair work of his house, for ₹ 10,000. Shahid is ready and willing to execute the work accordingly, but Sumit does not direct as to which part of the house requires repairs. As Sumit is duty bound to direct Shaid in order to conduct the work. The contract is voidable at the option of Shahid and if he rescinds the contract then he is discharged from performing his part of obligation to the contract. He is furthermore entitled to recover compensation for any loss or inconvenience caused to him arising out of the contract.

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