Indian Contract Act,1872

Act No : 9

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Section : Effect of refusal of party to perform promise wholly

39.Effect of refusal of party to perform promise wholly.-When aparty to a contract has refused to perform, or disabled himself fromperforming, his promise in its entirety, the promisee may put an endto the contract, unless he has signified, by words or conduct, hisacquiescence in its continuance.35 Illustrations (a) A, a singer, enters into a contract with B, the manager of atheatre, to sing at his theatre two nights in every week during thenext two months, and B engages to pay her 100 rupees for each night'sperformance. On the sixth night A wilfully absents herself from thetheatre. B is at liberty to put an end to the contract. (b) A, a singer, enters into a contract with B, the manager of atheatre, to sing at his theatre two nights in every. week during thenext two months, and B engages to pay her at the rate of 100 rupeesfor each night. On the sixth night A wilfully absents herself. Withthe assent of B, A sings on the seventh night. B has signified hisacquiescence in the continuance of the contract, and cannot now put anend to it, but is entitled to compensation for the damage sustained byhim through A's failure to sing on the sixth night. By whom contracts must be performed

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