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.
• 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.
• 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.
• D. All the three

Answer 1

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.