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A paid Rs. 10,000 /- to B for her dance to be performed in his theatre during the next 10 days but on…

When B's leg was fractured, the contract for personal performance (dancing) became frustrated and void under Section 56 of the Contract Act without fault of either party.…

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A paid Rs. 10,000 /- to B for her dance to be performed in his theatre during the next 10 days but on the same day her leg was fractured. She could not give her performance and the infuriated crowd destroyed A's theatre. For which one of the following, B is liable to pay A ?

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Correct answer A

When B's leg was fractured, the contract for personal performance (dancing) became frustrated and void under Section 56 of the Contract Act without fault of either party. Under Section 65 of the Indian Contract Act, 1872, any person who has received any advantage under a contract that becomes void is bound to restore it; hence B must refund the advance money of Rs. 10,000/- to A (and is not liable for damages or crowd destruction).

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