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CMA Foundation · Fundamentals of Business Laws and Business Communication · Performance of Contracts

Meera agrees to repair Rohan's house in Pune. Rohan refuses to show her which parts of the roof need repair, and because of this she cannot repair the roof. What is her position?

Meera is excused for the roof repair she could not do because Rohan refused to point out what needed repair. Section 67 excuses non-performance caused by the promisee's refusal, but only to that extent, so unaffected repairs remain her obligation.

  1. AShe is excused for the non-performance caused by Rohan's refusalCorrect
  2. BShe is liable in full because repair was her duty alone
  3. CShe must first obtain a court order before she can be excused
  4. DShe is excused for all other repairs in the contract too, even those unaffected

Explanation

This mirrors the illustration to Section 67: the promisor is excused for non-performance caused by the promisee's neglect or refusal. The excuse extends only to the roof repair that was prevented. The last option is wrong because other repairs were not affected by the refusal.

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