Contract Act
Querist :
Anonymous
(Querist) 31 May 2011
This query is : Resolved
contract prevails or the conduct in case of deviation by both the parties from the stipulated conduct of the contract deviated from the conduct stipulated in the contract.
"two parties to a contract deviated from the conduct stipulated therein, 12 years later one of the parties realised the deviation from the conduct of the contract. now if it wants to follow the conduct mentioned in the contract. In such case will the conduct prevail or the contract."
please also give some decided case on this if any.
Guest
(Expert) 01 June 2011
Better you give specific brief of the case, as it seems you are mixing up some issues in the question.
Querist :
Anonymous
(Querist) 01 June 2011
No I am not mixing the issue.... In a continuing contract both the parties deviate from the conduct specified in the contract for a reasonably long time. After long time one of the parties wants to adhare to the original conduct as mentioned in the contract. Is it possible for one party to revert back to the conduct originally mentioned in the contract and make other party to follow the conduct mentioned in the contract?
I hope I am clear now......
Guest
(Expert) 03 June 2011
Still you are not coming out with what type of specific conduct and what was the actual contract terms? Hypothetical questions can not fetch you the correct solution.
