It is fundamental to the Law of Contract that whenever a material alteration takes place in the terms of the original contract, on account of any act of omission or commission on the part of one of the parties to the contract, it is open to the other party not to perform the original contract. This will not amount to abandonment. Moreover, abandonment is normally understood, in the context of a right and not in the context of a liability or obligation. A party to a contract may abandon his rights under the contract leading to a plea of waiver by the other party, but there is no question of abandoning an obligation. In this case, the Appellant refused to perform his obligations under the work-order, for reasons stated by him. This refusal to perform the obligations, can perhaps be termed as breach of contract and not abandonment. {Para 19}
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 556 of 2012
Decided On: 30.03.2022
Shripati Lakhu Mane Vs. The Member Secretary, Maharashtra Water Supply and Sewerage Board and Ors.
Hon'ble Judges/Coram:
Hemant Gupta and V. Ramasubramanian, JJ.
Author: V. Ramasubramanian, J.
Citation: MANU/SC/0382/2022
Print Page