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Question

A contract is said to be discharged by rescission:

A. When terms of a contract are altered

B. When a party makes novation of a contract

C. When an aggrieved party exercises his option to avoid the contract

D. When a party to a contract waives his rights under the contract

E. Where none of the parties has performed its part for a long time and no other party has objected against it

Choose the correct answer from the options given below:

The correct answer is

C and E only

Rescission cancels the contract. It can follow exercise of a right to avoid it, or mutual abandonment inferred from both parties’ conduct. Thus C and E are intended; alteration, novation and waiver are separately identified modes of discharge. Mere delay alone is insufficient without conduct indicating abandonment.

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Important Questions from Law Relating To Contracts

  1. Which one of the following is invalid for the relationship among the agent, the sub-agent and the principal?
  2. Match List I with List II
    List IList II
    FeaturesRemedies for breach of contract
    A. Breach of promise to marryI. Suit for injuction
    B. Part performance (as much as earned)II. Rescission of contract
    C. Absolvation from all obligationsIII. Sue for quantum meruit
    D. Mode of securing the specific performance of negative terms of contractIV. Vindictive damage

    Chose the correct answer from the option given below:
  3. Working Journalists and other Newspaper employees and Miscellaneous Provisions Act 1955 specified __________ service is eligible for gratuity.
  4. What does 'Civil Contempt' under the contempt of Courts Act 1971, mean?
  5. Body which have adjudicatory powers to settle disputes among Tele communication Service providers is
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