ANTICIPATORY BREACH

1. The principle of ‘anticipatory breach of contract’ has been given under which Section of the Indian Contract Act 1872?
   a) Sec 39
   b) Sec 59
   c) Sec 29
   d) Sec 49
2. What are the remedies available to the aggrieved party in case of breach of contract?
   a) Recession
   b) Damages
   c) Restitution
   d) All of the above
3. Which of the following is a leading case on anticipatory breach of contract?
   a) Mohori bibi vs. Dharmodas Ghosh
   b) Derry vs. Peek
   c) Hochster vs. De la Tour
   d) All of the above
4. A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and B engages to pay her 100 rupees for each night’s performance. On the sixth night A wilfully absents herself from the theatre. Can be rescind the contract and claim damages?
   a) No
   b) Yes but with the prior consent of the court
   c) Yes but with the prior consent of the singer
   d) Yes
5. A, a singer, enters into a contract with B, the theatre manager, to sing at his theatre two nights every week during the next two months, and B engages to pay her at the rate of 100 rupees for each night. On the sixth night, A wilfully absents herself. With the assent of B, A sings on the seventh night. B has signified his acquiescence in the continuance of the contract. Remedies available to the theatre manager for breach of contract are-
   a) Rescind the contract
   b) Claim damages sustained to him by the failure of A to sing on the sixth night
   c) None of the above
   d) All of the above

Answer 1. (a) 2. (d) 3. (c) 4. (d) 5. (b)