‘A’ a singer, contracts with B, the manager of the theatre, to sing at his theatre for two nights.... B engages to pay for a hundred rupees...On the sixth night, A wilfully absents herself from the theatre... Discuss the liability of B.

Question: ‘A’ a singer, contracts with B, the manager of the theatre, to sing at his theatre for two nights in every week during the rest two months, and B engages to pay for a hundred rupees for each night’s performance. On the sixth night, A wilfully absents herself from the theatre, and B in consequence rescinds the contract. A sues B for the breach. Discuss the liability of B. [BJS 1977]

Find the answer to the mains question of the Law of Contract only on Legal Bites. [‘A’ a singer, contracts with B, the manager of the theatre, to sing at his theatre for two nights in every week during the rest two months, and B engages to pay for a hundred rupees for each night’s performance. On the sixth night, A wilfully absents herself from the theatre, and B in consequence rescinds the contract. A sues B for the breach. Discuss the liability of B.]

Answer

In the given scenario, 'A' (the singer) entered into a contract with 'B' (the manager of the theatre) to perform at the theatre for two nights every week for two months, with 'B' agreeing to pay 'A' one hundred rupees for each night's performance. However, on the sixth night, 'A' willfully absents herself from the theatre, leading 'B' to rescind the contract. Now, 'A' is suing 'B' for breach of contract, and the question is whether 'B' is liable for the breach.

To understand the liability of 'B' under these circumstances, we need to refer to Section 65 of the Indian Contract Act, 1872. Section 65 deals with situations where a contract becomes void, and parties are required to restore any benefits they received under the void contract.

According to Section 65, when an agreement becomes void, any person who has received any advantage or benefit under such an agreement is bound to restore it to the person from whom he received it. In simpler terms, if a contract becomes void, the party who received any benefit under that contract must give back that benefit to the other party.

In the present case, the contract between 'A' and 'B' has become void due to the breach by 'A.' 'A' willfully absented herself from the theatre on the sixth night, violating the terms of the contract. As a result, 'B' has the right to rescind the contract because of 'A's breach.

Since the contract has become void due to 'A's breach, 'B' is entitled to claim restitution under Section 65 of the Indian Contract Act. This means that 'B' can recover any benefit or payment already made to 'A' for the unperformed nights. As per the contract, 'B' was supposed to pay 'A' one hundred rupees for each night's performance. As 'A' has only performed for five nights before breaching the contract, 'B' can rightfully claim restitution for the unperformed sixth night.

However, 'B' cannot claim restitution for the past five nights that 'A' has already performed. Those performances were valid under the contract, and 'B' received the benefit of 'A's services for those nights. Therefore, 'A' is entitled to retain the payment for the nights she already performed.

In conclusion, under Section 65 of the Indian Contract Act, 'B' is liable to return the payment for the unperformed sixth night to 'A' since the contract has become void due to 'A's breach. However, 'A' is entitled to keep the payment for the nights she already performed, as those performances were valid and provided a benefit to 'B' under the contract.