Question

LEGAL PRINCIPLE: A contract that is impossible to perform becomes void.

FACTUAL SITUATION: Surender agreed to deliver a specific quality of rice to Sonakshi identified by both of them. Before delivery, the rice was burnt by a short circuit. Is Surender discharged from the performance of the contract?

DECISION:

पर्याय

• Surender is discharged from the performance as the subject matter of the contract is destroyed.

• Surender is discharged from the performance as the subject matter has been specifically identified. 

• Surender is not discharged from the performance as he can procure rice from other sources. 

• None of the above. 

Answer 1

Surender is discharged from the performance as the subject matter of the contract is destroyed.

Explanation:

Agreement to do impossible act becomes void. In the present matter, Surender is discharged from the performance as the subject matter of the contract is destroyed.