Section 81 The Indian Contract Act, 1872
⚖️ Section 81 of the Indian Contract Act, 1872
Title: Effect of neglect of promisee to afford promisor reasonable facilities for performance.
📝 Text of Section 81:
“If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby.”
✅ Explanation:
Section 81 provides relief to the promisor in situations where the promisee obstructs or fails to cooperate in the performance of the contract.
If a promisor is willing to perform their part of the contract, but the promisee fails to give necessary support, the promisor is not liable for the non-performance that results from such failure.
The law does not punish a party who was prevented from fulfilling the contract due to the other party’s own actions or negligence.
🧾 Illustration:
A agrees to repair B’s house, but B fails to give A access to the house at the agreed time.
Due to this, A cannot perform the repairs.
A is not liable for breach of contract because B did not provide reasonable facilities for performance.
⚖️ Legal Principle:
This section reinforces the principle of mutual cooperation in contracts. Both parties must act in good faith and support each other to fulfill contractual obligations.
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