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A agrees to paint a picture personally for B by 31 December and receives an advance of ₹1,000. On 25…

A's personal performance becomes impossible after formation, so the contract becomes void under section 56. Section 65 requires A to restore the advance received under the…

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A agrees to paint a picture personally for B by 31 December and receives an advance of ₹1,000. On 25 December an accident makes A permanently unable to paint it. Which section of the Indian Contract Act, 1872 entitles B to recover the advance?

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Answer and explanation

Correct answer C

A's personal performance becomes impossible after formation, so the contract becomes void under section 56.

Section 65 requires A to restore the advance received under the contract. B's claim for return of the advance is restitution.

Option feedback

Option A

Section 73 concerns compensation for breach. The advance is recovered here as a benefit received under a contract that became void.

Option B

Section 64 deals with rescission of a voidable contract.

Option C

Section 65 requires restoration or compensation for an advantage received under a contract that becomes void.

Option D

Section 75 concerns compensation for a party who rightfully rescinds a contract.

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