Section 97 The Indian Contract Act, 1872
Section 97 of the Indian Contract Act, 1872 states:
Section 97 – Party Prevented from Performing Promise
“Where one party to a contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented.”
Explanation:
If one party hinders or stops the other party from fulfilling their contractual obligation, the aggrieved party (the one being prevented) has the right to treat the contract as voidable. That means they can either choose to cancel the contract or continue with it.
Illustration:
A and B enter into a contract where B is to supply goods to A. Before B can supply the goods, A prevents B from entering the warehouse. In this case, B is prevented from performing his promise, so B may treat the contract as voidable.
Key Points:
Applies when one party obstructs the other.
The harmed party gets the choice to void the contract.
Protects the rights of the performing party from wrongful obstruction.
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