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Under the Indian Contract Act, 1872, the parties intended time to be of the essence. If the promisor…

Section 55 makes the contract or its unperformed part voidable at the promisee’s option if the parties intended time to be essential and the promisor missed the specified…

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Under the Indian Contract Act, 1872, the parties intended time to be of the essence. If the promisor misses the specified time for performance, what happens to the contract or its unperformed part?

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Answer and explanation

Correct answer C

Section 55 makes the contract or its unperformed part voidable at the promisee’s option if the parties intended time to be essential and the promisor missed the specified time.

That election distinguishes voidability from automatic invalidity.

Option feedback

Option A

Section 55 gives a choice to the promisee and does not make the contract automatically void.

Option B

The promisee has a statutory right to avoid the affected contract or part.

Option C

Section 55 gives the promisee the election to avoid the contract or its unperformed part when the parties intended time to be essential.

Option D

Missing the essential deadline does not automatically make the contract unenforceable.

Option E

Section 55 expressly provides for voidability at the promisee’s option.

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