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Effect of refusal of performance

When the promisor refuses or disables himself from performing his promise in its entirety, the promisee has the following two options
  • He may put an end to the contract, or
  • He can continue the contract by giving his consent either by words or conduct, in its continuance.

Arun, a singer, enters into a contract with Varun, the manager of a theatre, to sing at his theater for two nights in every week during the next two months, and Varun agrees to pay him ₹ 1000 for each night’s performance, on the 6th night, Arun willingly absents himself from the theatre and came back to perform on 7th night. In this case Varun has an option to put an end to contract because of default on 6th night, or allow Arun to continue the contract from 7th night by giving his consent.


Note: Once the promisor gives the consent in continuation of contract then he cannot put an end to it. However he can claim compensation for the damages sustained for non-performance.

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