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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:
Options
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.
Solution
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.
