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Principle: When a party to a contract has refused to perform or disabled himself from performing his promise in its entirety, the promisee may put an end to the contract, unless he has acquiesced in words to its continuance.Facts: X was a lorry driver. X was engaged by Y to supply fifteen loads of sand to Y at specified dates. X made five deliveries but wilfully abstained from delivering the sixth load on the specified date. However he delivered the rest of the loads as per the scheduled dates, which was received by Y. In the meantime Y also engaged Z, another lorry driver, to supply him further ten loads of sand. X demanded payment from Y but Y refused. Decide.Q. 6.Does Y have the right to end the contract with X?a.    No, as Y has acquiesced to the continuance of the contract, therefore he has no right to rescind the contract.b.    Yes, as X did not perform the contract in its entirety, therefore Y has the right to rescind the contract.c.    No, as X has partly performed the contract, therefore Y has no right to rescind the contract.d.    Yes, as the promisee has the right under law to rescind the contract at will.

Question

Principle: When a party to a contract has refused to perform or disabled himself from performing his promise in its entirety, the promisee may put an end to the contract, unless he has acquiesced in words to its continuance.Facts: X was a lorry driver. X was engaged by Y to supply fifteen loads of sand to Y at specified dates. X made five deliveries but wilfully abstained from delivering the sixth load on the specified date. However he delivered the rest of the loads as per the scheduled dates, which was received by Y. In the meantime Y also engaged Z, another lorry driver, to supply him further ten loads of sand. X demanded payment from Y but Y refused. Decide.Q. 6.Does Y have the right to end the contract with X?a.    No, as Y has acquiesced to the continuance of the contract, therefore he has no right to rescind the contract.b.    Yes, as X did not perform the contract in its entirety, therefore Y has the right to rescind the contract.c.    No, as X has partly performed the contract, therefore Y has no right to rescind the contract.d.    Yes, as the promisee has the right under law to rescind the contract at will.

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Solution

The correct answer is a. No, as Y has acquiesced to the continuance of the contract, therefore he has no right to rescind the contract.

Here's the step by step reasoning:

  1. According to the principle, a promisee may end the contract if the promisor has refused to perform or disabled himself from performing his promise in its entirety.

  2. In this case, X (the promisor) did abstain from delivering the sixth load on the specified date, which is a breach of the contract.

  3. However, Y (the promisee) continued to accept the rest of the deliveries from X, which indicates that he acquiesced to the continuance of the contract despite the breach.

  4. Therefore, based on the principle, Y does not have the right to end the contract with X because he acquiesced to its continuance.

This problem has been solved

Similar Questions

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