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<h1>Refusal to perform permits the promisee to terminate the contract unless they acquiesce, with damages available.</h1> When one party refuses or disables performance of a promise in its entirety, the promisee may end the contract unless the promisee has by words or conduct signified acquiescence in its continuance; if the promisee does acquiesce and performance subsequently occurs, the contract continues but the promisee may claim compensation for damage sustained by the earlier failure.