B hires A to build a house and pays for part of the work. A then unequivocally refuses to perform the…
A refusal to perform the promise wholly can permit termination under section 39 unless the other party has signified acquiescence in its continuance. Section 75 entitles a…
Choose your answer
B hires A to build a house and pays for part of the work. A then unequivocally refuses to perform the remaining work. B does not acquiesce in continuing the contract and rightfully rescinds it. Under section 75 of the Indian Contract Act, 1872, what can B recover from A?
Answer and explanation
Correct answer A
A refusal to perform the promise wholly can permit termination under section 39 unless the other party has signified acquiescence in its continuance.
Section 75 entitles a party who rightfully rescinds to compensation for damage sustained through non-fulfilment. The question supplies rightful rescission and leaves proof and quantum of actual damage separate.
Option feedback
Option A
Section 75 entitles the party rightfully rescinding to compensation for damage sustained through non-fulfilment.
Option B
Rightful rescission is the premise for compensation under section 75, so it does not extinguish that remedy.
Option C
The facts expressly establish rightful rescission following A’s refusal.
Option D
The remedy asked for is statutory compensation. Section 75 does not limit B to enforcing performance.
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