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Contract Farming

A party to a ...

Question

A party to a contract promises to do a certain thing at or before a specified time, but he fails to do so. Can the promisee, in the circumstances, avoid the contract?

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Solution

Yes, but only if both the promisor and the promisee intended that time should be the essence of the contract.

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Q. Legal Principle: When, at the desire of the promisor, the promisee or, any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise, is called a consideration for the promise.

Factual Situation: A lawyer gave up his practice and served as manager of a land owner at the latter's request in lieu of which the land owner subsequently promised a pension.
Issue: What is the nature of the contract ?

Q. Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: When at the desire of the promisor, the promisee has done or abstained from doing, or does or abstains from doing, or promises to do or abstain something, such an act or abstinence or promise is called consideration for the promise.
FACTUAL SITUATION: A daughter promises to given maintenance to her uncle in consideration of her mother making a gift of certain properties to her. The daughter pleads lack of consideration when the uncle seeks to enforce the contract. She says that the uncle is a stranger to the consideration and so he cannot enforce the contract. The daughter.

Q. A promises to paint B's flat. B after some time forbids him to do so. The contract is discharged under ___________.

Q. A contract of ______ is a contract to perform the promise made or discharge liability incurred by a third person in case of his default.

Q. Choose the correct answer from the alternatives given.
When performance of promise becomes impossible or illegal by. occurrence of an unexpected event or change of circumstances beyond the contemplation of parties, the contract becomes void. The situation is dealing with ____________.

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