Question

Before the date fixed for performance, X unequivocally tells Y that X will NOT perform the contract at all. Under Section 39 of the Indian Contract Act, 1872, Y (the promisee) may:

A Only claim specific performance, never damages
B Be bound to wait until performance is impossible
C Treat the contract as RESCINDED and sue immediately for damages (or for specific performance where available), without waiting for the due date
D Do nothing until the due date and then be remediless
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