Chanakya National Law University: Contract - 1 Discharge of Contract by Impossibility of Performance
Chanakya National Law University: Contract - 1 Discharge of Contract by Impossibility of Performance
Chanakya National Law University: Contract - 1 Discharge of Contract by Impossibility of Performance
Contract - 1
Discharge of Contract by Impossibility of
Performance
SUBMITTED TO: -
Mrs. SUSHMITA SINGH
FACULTY OF LAW
SUBMITTED BY: -
VENKAT NILAY
2nd SEMESTER
ROLL NO.: 1863
B.B.A., L.L.B(HONS)
(2017-2022)
INTRODUCTION
The termination of the contractual relationship is called discharge of contract. How the
contract comes to an end or how the contractual relationship in a contract is terminated is
explained through the various modes of discharge of a contract.
a. Lexicon cogit ad impossibilia, i.e., the law does not recognize what is impossible, and
b. Impossibilium nulla obligato est, i.e., what is impossible does not create an
obligation.
Sometimes after a contract has been established, something might occur, though not at the
fault of either party, which can render the contract impossible to perform, or illegal, or
radically different from that originally undertaken.
Section 56 of the Indian Contract Act, 1872 first lays down the simple principle that "an
agreement to do an act impossible in itself is void". For example, an agreement to discover
a treasure by magic, being impossible of performance, is void. The second paragraph of
Section 56 lays down the effect of subsequent impossibility of performance. Sometimes the
performance of a contract is quite possible when it is made, but some event subsequently
happens which renders its performance impossible or unlawful. In either case the contract
becomes void. Where, for example, after making a contract of marriage, one of the parties
goes mad, or where a contract is made for the import of goods and the import is thereafter
forbidden by a Government Order, or where a singer contracts to sing and becomes too ill to
do so, the contract in each case becomes void.
HYPOTHESIS:
The researcher also presumes that safeguards have been put in place to check and
avoid misuse of doctrine impossibility and frustration.
RESEARCH QUESTONS:
The researcher will be relying on Doctrinal method of research to complete the project. These
involve various primary and secondary sources of literature and insights.
The researcher has territorial, monetary and time limitations in completing the project.
TENTATIVE CHAPTERIZATION:
1. Introduction
2. Research Questions
3. Discharge of Contract
4. Discharge of Contract by Impossibility of Performance
5. Doctrine of Frustration
6. Exceptions and Positions around the World
7. Conclusion and Suggestion
8. Bibliography
SOURCES OF LITERATURE
And others.