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Impossibility Of Performance And Frustration Of Contract





Garima Yadav, NMIMS, Kirit P. Mehta School of Law


ABSTRACT


Impossibility can exist at the moment of contracting or develop afterwards. It could be a matter of physical or legal impossibility. In any situation, the agreement is null and void from the start. The point is that the law can't make the impossible happen. The contract is terminated when the subject substance is destroyed due to practical impossibility. Even if the party' intended object does not materialise, the contract is frustrated. For example, when a flat was rented for the objective of witnessing coronation ceremonies on predetermined dates and the coronation ceremony was eventually cancelled, it was determined that the defendant was not responsible for the balance of rent because the contract's object was frustrated by the coronation's non-occurrence. The Supreme Court did explain the doctrine of frustration in the case of Satyabrata Ghose v. Mugneeram1, in which Justice Mukherjee stated that the primary concept upon which doctrine of frustration is focussed is that of the impossibility of contract execution, and that the terms frustration and impossibility could be used interchangeably.

Frustration is a word that is commonly used in contractual agreements between individuals, and it relates to being defeated in a broad sense. The phrase "frustration" refers to failed transactions that were never completed for whatever justification2. The principle of frustration has emerged as one of the most common difficulties in contract law when it comes to unsuccessful contracts.

Opmerkingen


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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