When prior to the date of performance of promise, the promisor absolutely refuses to perform the…
A refusal to perform made before the date fixed for performance is an anticipatory breach. Under section 39 of the Indian Contract Act, 1872, when a party "has refused to…
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When prior to the date of performance of promise, the promisor absolutely refuses to perform the contract, it is known as
Answer and explanation
Correct answer D
A refusal to perform made before the date fixed for performance is an anticipatory breach. Under section 39 of the Indian Contract Act, 1872, when a party "has refused to perform, or disabled himself from performing, his promise in its entirety", the promisee may put an end to the contract.
An actual breach happens on or after the date of performance. Remission (section 63) is the promisee's dispensing with or reducing performance, and abandonment is not the name of this rule.
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