"An agreement to do an act impossible in itself is void." Explain.
CS Executive · Economic and Commercial Laws · PYQS · June 2015
"An agreement to do an act impossible in itself is void." Explain.
Answer & Explanation:
As per Section 56(1) of the Indian Contract Act, 1872 an agreement to do an act impossible in itself is void. A contract which is entered into to perform something that is clearly impossible is void. For instance, A agrees with B to discover treasure by magic. The agreement is void by virtue of Section 56 para 1 which lays down the principle that an agreement to do an act impossible in itself is void. Sometimes subsequent impossibility (i.e. where the impossibility supervenes after the contract has been made) renders the performance of a contract unlawful and stands discharged; as for example, where a singer contracts to sing and becomes too ill to do so, the contract becomes void. In this connection, para 2 of Section 56 provides that a contract to do an act, which after the contract is made, becomes impossible or by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. If the impossibility is not obvious and the promisor alone knows of the impossibility or illegally then existing or the promisor might have known as such after using reasonable diligence, such promisor is bound to compensate the promisee for any loss he may suffer through the non-performance of the promise inspite of the agreement being void ab-initio (Section 56, para 3).
Topics: Indian Contract Act, 1872
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