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Question
Principle: When a party to a contract has refused to perform or disabled himself from performing his promise in its entirety, the other party shall not put an end to the contract.
Facts: A engaged B on April 12 to enter his service on June 1, but on May 11, A wrote to B that his services would not be needed. On May 22, B joined C for employment.
Options
B cannot put the contract to an end.
B can put the contract to an end.
C can put his contract with B to an end.
A must pay damages to B.
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Solution
B cannot put the contract to an end.
Explanation:
B cannot put the contract to an end. In this case, A and B are the parties to the contract. A wrote to B that his services would not be needed. This message was conveyed after the contract was entered into. Meanwhile, B joined another employer. Since A did not fulfill the promise of the contract in its entirety, the other party, that is B cannot put an end to the contract.
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