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Under section 55 of the Indian Contract Act, 1872, the parties intend time to be of the essence. The…

Section 55 gives the promisee the option to avoid the contract, or its unperformed part, when an essential deadline is missed.

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Under section 55 of the Indian Contract Act, 1872, the parties intend time to be of the essence. The promisor misses the stipulated deadline. What happens to the unperformed part of the contract?

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Answer and explanation

Correct answer C

Section 55 gives the promisee the option to avoid the contract, or its unperformed part, when an essential deadline is missed.

Option feedback

Option A

Automatic voidness would remove the promisee’s election.

Option B

The promisee can avoid the unperformed part.

Option C

The first paragraph of section 55 gives the promisee this election.

Option D

The promisee can elect to keep the contract in force.

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