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Small doubt

Corporate & Other Laws

can anyone explain the second sub division which is in below image

9566d474-2fec-4df8-94e3-73bffb205ad5.jpg

Balachandar S

Balachandar S

CA Inter

59K+

23-Nov-22 08:40

817

Answers (12)

Best Answer

Thread Starter

Balachandar S

Promisee is sheetal vidhya Mandir either they can rescind but if they want to continue contract with sheena they can calim damage only am i right sister

Yes


No, Shital Vidya Mandir cannot recind the contract after informed about continuies .


Ayush Kumar Kumar

Ayush Kumar Kumar

CA Inter

11K+

23-Nov-22 09:16

Ayush Kumar Kumar

No, Shital Vidya Mandir cannot recind the contract after informed about continuies .

Which means Sheena informed about her continuance performance so that Vidya mandir can't rescind am i right bro.


Thread Starter

Balachandar S

Balachandar S

CA Inter

59K+

23-Nov-22 09:18

Section 39 provides that 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 had signified, by words or conduct his acquiesce in its continu ance. In the second situation, the management of Shital Vidya Mandir informed Sheena about the continuance of the contract. Hence, the management cannot now rescind the contract after a month on this ground subsequently.


Gaurav Choubey

Gaurav Choubey

CA Foundation

1K+

23-Nov-22 15:27

No, if sheetal vidhya mandir once intimated Sheena about their interest on continuance , then,sheetal vidhya Mandir can't rescind the contract..but they can claim damages for the non performance


Yamuna S

Yamuna S

CA Inter

15K+

23-Nov-22 17:39

Yamuna S

No, if sheetal vidhya mandir once intimated Sheena about their interest on continuance , then,sheetal vidhya Mandir can't rescind the contract..but they can claim damages for the non performance

In she yes i am interested then they can't rescind the contract only damage can claim but In she say no. i am not interested then they can rescind the contract & damage can claim Pls say yes i am crt


Thread Starter

Balachandar S

Balachandar S

CA Inter

59K+

23-Nov-22 18:15

Actually no, because terminating or continuing the contract is not upto the party failed to perform (Sheena) it is upto the agreeived party


Yamuna S

Yamuna S

CA Inter

15K+

23-Nov-22 18:19

Refer this

Attachments

262dbefc-5fbe-4117-91ef-351ef11a204e.jpg

Yamuna S

Yamuna S

CA Inter

15K+

23-Nov-22 18:20

Here promisor is Sheena Promisee is sheetal vidhya Mandir


Yamuna S

Yamuna S

CA Inter

15K+

23-Nov-22 18:22

Yamuna S

Here promisor is Sheena Promisee is sheetal vidhya Mandir

Promisee is sheetal vidhya Mandir either they can rescind but if they want to continue contract with sheena they can calim damage only am i right sister


Thread Starter

Balachandar S

Balachandar S

CA Inter

59K+

23-Nov-22 18:58

Yamuna S

Here promisor is Sheena Promisee is sheetal vidhya Mandir

TQ so much taking time to explain with full understanding:)


Thread Starter

Balachandar S

Balachandar S

CA Inter

59K+

23-Nov-22 20:06

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