Discharge By Breach

• The promisor of a contract is said to have breached the contract if he fails to perform  his obligations or to tender performance . THis will entitle the innocent party to take appropriate action which may include repudiation . 
• Section 40 of the Contracts Act 1950 provides that : 

"When a party to a contract has refused to perform , or disabled himself from performing , his promise in it entirety , the promisee may put an end to the contract , unless he has signified , by words or conduct , his acquiescence in its continuance."