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The Question Consists of Legal Propositions/Principles (Hereinafter Referred to as 'Principle') and Facts. These Principles Have to Be Applied to the Given Facts -

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Question

The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given hereinbelow for the question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.

Principle: An agreement to do an act impossible in itself cannot be enforced by a court of law.

Facts: Ramesh agrees with his girlfriend Shilpa to pluck stars from the sky through his extraordinary will power, and bring them down on Earth for her within a week. After the expiry of one week, Shilpa filed a suit for damages against Ramesh for the breach of contract as Ramesh failed to perform his promise.

Options

  • Shilpa can succeed in getting damages as Ramesh has decided her 

  • Ramesh cannot be held liable as he honestly believes  that his love for Shilpa is true and, therefore, he will  succeed in his endeavour

  • The court cannot entertain such suits as the act  promised under the agreement is impossible in itself 

  • Ramesh can be held liable for making an absurd promise

MCQ

Solution

The court cannot entertain such suits as the act promised under the agreement is impossible in itself 

Explanation:

The principle given in this cause is the same as section 56 of the Indian Contract Act, 1872, which states that agreed to do an impossible act is void. In this case, Ramesh promised to Shilpa that he will pluck stars from the sky and bring them down on Earth for her within a week, so it is an act which is impossible, so the contract is void.

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Contract Law
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