contract in
which time is essential.--When a party to a contract
promises to do a certain thing at or before a specified time ... time other than that
agreed upon.--If, in case of a contract voidable on account
of the promisor's failure to perform his promise
cancellation may be ordered.
1.Any person against whom a written
instrument is void or voidable, and who has
reasonable apprehension that such instrument ... inevitable. A void agreement is simply any agreement which in
unenforceable in law, on the other hand a voidable contract is one
which is valid
a voidable contract as lessor(plaintiff)
misrepresented about the status of the tenanted premises therefore, he is debarred
from repudiating the contract.
10. A plea
perform at a fixed time, in
contract in which time is essential. When a party to a
contract promises to do a certain thing ... time other
than that agreed upon. - If, in case of a contract voidable
on account of the promisor's failure to perform his promise
Indian Contract Act, 1872 is quite clear.
The relevant portion is reproduced as under :-
"...if, in case of a contract voidable on account ... Indian Contract Act. Plaintiff's
part of the contract was complete when the consignment was trans-
ported as per the contract. The contention
both the parties
and pleading of the parties following undisputed facts emerge:
(a) Both the parties entered into an agreement to sale for sale ... sell entered into between plaintiff and
defendant was not a void or voidable contract and even was not a
contingent contract therefore, the same cannot
Performance of a contract.
ii. By breach of contract.
iii. By frustration of contract.
27.When parties to a contract perform their part respectively then ... breach. Actual breach is a breach which
renders a contract the rescinded on the date of breach itself and
the contract becomes void. Whereas
thus:
" Section 55 :
When a party to a contract promises to do a certain thing
at or before a specific time, or certain things ... that the mere fixation of a time period for the performance
of a contract or the doing of a certain thing, does not by
itself
breached the contractual appointment terms?
OPD.
(ii) Whether the contract itself was voidable on account of
misrepresentation by plaintiff as regards the assurances
thereunder ... favour of the plaintiff.
12.2. Issue no. (ii):-
Whether the contract itself was voidable on account of
misrepresentation by plaintiff as regards the assurances
thereunder
Vantage Construction Pvt Ltd vs Lt Col. Suraj Jit Chaudhri on 16 April, 2019
IN
