Supervening impossibility is ana)Impossibility occurs after entering i...
Contract was valid at the time when it was entered but later on some event occurs which made impossible and void. where the subject- matter of the contract is destroyed without the fault of parties,the contract is discharged . Example: horse died after entering the contract.
Supervening impossibility is ana)Impossibility occurs after entering i...
Supervening Impossibility
Definition:
Supervening impossibility refers to a situation where it becomes impossible to perform a contract after entering into it due to unforeseen circumstances that arise after the contract is formed.
Explanation:
Supervening impossibility occurs after entering into a contract, as stated in option 'A'. Let's understand this in more detail:
1. Impossibility after entering into a contract:
- When parties enter into a contract, they have certain obligations and expectations from each other.
- However, in some cases, unforeseen events or circumstances may occur that make it impossible to fulfill those obligations.
- These events or circumstances may be beyond the control of the parties and may arise after the contract is formed.
2. Examples of supervening impossibility:
- Natural disasters: If a contract requires the delivery of goods, but a flood destroys the warehouse where the goods were stored, it becomes impossible to perform the contract.
- Government regulations: If a contract requires the performance of an activity that is later prohibited by new government regulations, it becomes impossible to fulfill the contract.
- Death or incapacity: If a contract involves a personal service, such as a contract between an artist and a concert promoter, and the artist becomes seriously ill or dies, it becomes impossible to perform the contract.
- War or civil unrest: If a contract requires the transportation of goods between two countries, but a war breaks out between those countries, it becomes impossible to fulfill the contract.
3. Legal implications:
- When supervening impossibility occurs, the affected party is generally relieved from their obligations under the contract.
- This is because the impossibility was unforeseen and beyond their control.
- The contract may be considered frustrated or void due to the impossibility of performance.
- In such cases, the affected party may be entitled to seek remedies such as termination of the contract, restitution, or damages.
In conclusion, supervening impossibility refers to a situation where it becomes impossible to perform a contract due to unforeseen events or circumstances that arise after entering into the contract. It relieves the affected party from their obligations under the contract and may lead to the termination of the contract or other legal remedies.
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