UNDERSTANDING THE LEGAL IMPLICATION OF AGREEMENTS TO PERFORM IMPOSSIBLE ACTS
AUTHOR – SHWETA DILIP BHONDAV, ADVOCATE AND GRADUATE FROM SAVITRIBAI PHULE PUNE UNIVERSITY
BEST CITATION – SHWETA DILIP BHONDAV, UNDERSTANDING THE LEGAL IMPLICATION OF AGREEMENTS TO PERFORM IMPOSSIBLE ACTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 109-116, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Contracts weaving the fabric of possibility, torn asunder by the threads of impossibility. The doctrine of frustration, originating from Roman law and influenced by the English Rule (Paradine vs Jane, 1647)[1], allows contract discharge when performance becomes impossible, addressing cases where strict adherence is deemed unfair. It emerged as a necessary remedy for situations where a contract couldn’t be fulfilled through no fault of the defendant. The doctrine of frustration, constitutes the Indian Contract Act,1872, as Section 56(Agreement to do impossible acts). An agreement to do something, which was possible or lawful when the contract was constructed, but subsequently, becomes impossible or unlawful without any fault of either party, then such an act will be void. The doctrine of frustration becomes applicable when a contract becomes impossible to perform due to the happening of some unforeseen circumstances which were beyond the control or calculation of the parties involved. When such a contract becomes entirely impossible without the fault of the parties, the contract gets dissolved by this doctrine. Assessing the relevance of the doctrine of frustration in determining the binding nature of contracts under the Indian Contract Act. The doctrine is relevant, when it is alleged that a change of circumstance or the alteration of the conditions, after the formation of the contract but before the conclusion of the contract, has rendered the fulfillment of the contract impossible, physically as well as commercially. The contracting parties may avoid the realm of uncertainties caused by any future event by inserting well-drafted and specifically defined provisions in the contract, such as a force majeure clause. The researcher has taken this topic to examine understanding the legal implication of agreements to perform impossible act and under how Doctrine of frustration as enshrined in Section 56 of the Indian Contract Act 1872.
Keywords – Agreement, Contracts, Doctrine of frustration, Impossible act, Mechanism.
[1] Paradine v Jane [1647] EWHC KB J5