Indian contract act, 1872
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(a) an unforeseen change in law; b) the destruction of the subject-matter essential to that performance; (c) the non-existence or non-occurrence of particular state of things, which was naturally contemplated for performing the contract, as a result of some personal incapacity like dangerous malady (d) the declaration of a war (iy) Discharge by lapse of time: A contract should be performed . ithin a speci ed period as prescribed by the Limitation Act, 1963. t is not performed and if no action is taken by the promisee within the speci ed period of limitation, he is deprived of remedy at law. (v) Discharge by operation of law: A contract may be discharged b operation of law which includes by death of the promisor, by insolvency etc.
(vi) Discharge by breach of contract: Breach of contract . ay be actual breach of contract or anticipatory breach f contract. If one party defaults in performing his part of the contract on the due date, he is said to have committed breach thereof. When on the other hand, a person repudiates a contract before the stipulated time for its performance has arrived, he is deemed to have committed anticipatory breach. (vil Promisee may waive or remit performance of pr mise: Every promisee may dispense with or remit, holly or in part, the performance of the promise made o him, or may extend the time for such performance or may accept instead of it any satisfaction which he thinks fit.
(vii)E ects of neglect of promisee to a ord promisor reasonable facilities for performance: If any promisee neglects or refuses to a ord the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby. (Section 67) (ix) Merger of rights: Sometimes, the inferior rights and the superj r rights coincide and meet in one and the same person. In such cases, the inferior rights merge into the superior rights. On mefger, the inferior rights vanish and are not required to be enforced Example: A took a land on lease from B. Subsequently, A urchases that very land. Now, A becomes the owner of the land nd the ownership rights being superior to rights of a lessee, the rlier contract of lease stands terminated.
Multiple Choice Questions the valid performance of the contractual obligations by the parties, the contract (a) Is discharged (b) becomes enforceable (c) becomes void (d) None of these 2. Which of the following person can perform the contract? (a) Promisor alone (b) Legal representatives of promisor (c) Agent of the promisor (d) All of these. contract is discharged by novation which means the cancellation of the existing contract (b) change in one or more terms of the contract (c) substitution of existing contract for a new one (d) none of these
4. A contract is discharged by rescission which means the (a) change in one or more terms of the contract (b) acceptance of lesser performance (c) abandonment of rights by a party (d) cancellation of . e existing contract Answers to MCQs 1 (a) 2 (d) 3 (c) 4 (d)
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