Legal Question in Business Law in India
Baiju,a singer enters into a contract with alok,the manager of a theatre,to sing at his theatre three nights in every week during the next three months, and alok promise to pay him Rs.5000 for each night performance .on the seventh night ,Baiju willfully absents himself from the theatre .can Alok put an end to the contact?
1 Answer from Attorneys
Yes. Alok can end the contract If there is a specific clause w.r.t. the consequence of breach mentioned in the contract itself between Baiju and Alok, such as termination clause in case of breach. Alok may also end the contract in case there is an independent termination clause in their contract, with reference to willful breach. In case there is no termination clause Alok should sue for breach, damages and compensation after applying or obtaining an declaratory injunction against Baiju to the effect that the contract is rescinded and Baiju be restrained to enter Alok's theatre for singing any further.
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