Chapter IV - Of the Performance of Contracts
Section 67
Section 67: Failure to provide performance facilities
Section 67 protects a promisor where the promisee fails to provide reasonable facilities needed for performance. The excuse is limited to non-performance caused by that neglect or refusal.
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Need advice on Section 67?
This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby.
Illustration
A contracts with B to repair B’s house. B neglects or refuses to point out to A the places in which his house requires repair. A is excused for the non-performance of the contract if it is caused by such neglector refusal.
Rule and business relevance
The promisee must neglect or refuse reasonable performance facilities, and that failure must cause the relevant non-performance. The illustration concerns a householder who fails to identify the places requiring contracted repairs.
Limits and related provisions
The section does not excuse unrelated failures, lack of readiness or every inconvenience. Specify the facility required and the actual causal effect, and read the provision with the contract's cooperation obligations and other reciprocal-promise rules.
Hypothetical business example
Hypothetical: an installer cannot access the customer-controlled premises needed for the scheduled work despite being ready. The installer records access requests and the affected work, rather than claiming a blanket excuse for unrelated obligations.
Practical decision flow
Identify the reasonable facility or cooperation needed for the promised performance.
Document the request, neglect or refusal and the precise performance it prevented.
Assess the excuse only to that causal extent and address any remaining obligations.
Check the applicable legal framework
This guide explains the central provision. Applicable State amendments, the agreement, transaction date and other governing laws can affect its application. Check the current legal framework before relying on it for a commercial decision.
Practical checklist
Do
- Identify the reasonable facility or cooperation needed for the promised performance.
- Document the request, neglect or refusal and the precise performance it prevented.
- Assess the excuse only to that causal extent and address any remaining obligations.
Avoid
- The section does not excuse unrelated failures, lack of readiness or every inconvenience. Specify the facility required and the actual causal effect, and read the provision with the contract's cooperation obligations and other reciprocal-promise rules.
Glossary
- Reasonable facilities
- The practical assistance or conditions reasonably needed for performance.
- Causal excuse
- Excuse restricted to non-performance caused by the promisee's neglect or refusal.
Frequently asked questions
Does any lack of cooperation excuse the whole contract?
No. The section limits the excuse to non-performance caused by the neglect or refusal.
Must the requested facilities be reasonable?
Yes. That qualification appears expressly in the provision.
What evidence is useful?
The required facility, requests, refusal or neglect, readiness and actual effect on performance.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026