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.