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Question

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X, a singer enters into a contract with Y, the manager of a theatre, to sing at his theatre two nights every week during the next two months and Y engages to pay her at the rate of Rs. 100 for each night on completion of the contract. State the legal position in each of the following alternative cases:
C
ase (a) On sixth night if XY Willfully absents herself from The theatre and wants to sing on the seventh night but Y does not a flow her to sing on the seventh, night,
Case (b) On the sixth night if X willfully absents herself from the theatre and Y allows X to sing on seventh, night.
C
ase (c) On sixth night, X is too ill to sing.
C
ase (d) On sixth night, X dies before she sings.

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Solution

Section to which the given problem relates: Sections 39, 56.
Decision and Reason:
Case (a) Y can rescind the contract and can claim the damages for the breach of contract section 39]
Case (b) Y cannot rescind the contract but can claim the compensation for the damages sustained by him through Xs failure to sing on the sixth night section 39]
C
ases(c,d) X is discharged on the sixth night because of her incapability to sine and Y cannot claim the compensation for the damages sustained by him through Y's failure to sing on the sixth night.

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