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Question

In which of the following cases a contract need not be performed?

A
If the promisee agrees to dispense with or remit wholly or in part the performance of the promise made to him.
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B
When a person at whose option a contract is avoidable rescinds it, the other party thereto need not perform any promise thereon contained in which he is promisor.
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C
If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to non-performance caused thereby.
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D
All the three
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Solution

The correct option is D All the three
As per the Contract Act, the circumstances under which contracts need not be performed are as follows:
  • If parties to a contract agree to 'Novation,' 'Rescission' or 'Alteration'; the original contract need out be performed. In such cases the original contract disappears and is substituted by a new contract.
  • If parties to a contract agree to dispense with or remit performance of promise either wholly or in part, the original contract stands discharged. This is technically called as 'Remission.'
  • When a person, at whose option a contract is voidable, rescinds it, the other party there to need not perform his promise.
  • If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused for the non-performance of the contract.

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