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A contracts to sing for B at a concert for ₹50,000 paid in advance. A becomes too ill to sing on the…

Illness preventing personal performance makes the relevant obligation void under section 56. Section 65 illustration (d) requires return of the advance, while denying…

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A contracts to sing for B at a concert for ₹50,000 paid in advance. A becomes too ill to sing on the day of the concert. On these facts, which consequence follows?

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Answer and explanation

Correct answer B

Illness preventing personal performance makes the relevant obligation void under section 56. Section 65 illustration (d) requires return of the advance, while denying compensation for the organiser’s anticipated profits in these circumstances.

Option feedback

Option A

Section 65 illustration(d) denies compensation for the anticipated profits in this illness scenario.

Option B

A must restore the advance received when the personal-performance contract becomes void.

Option C

Illness preventing personal performance cannot be overcome by compelling performance on these facts.

Option D

Restitution concerns the advance received, not merely the unspent amount.

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