A lets out a theatre to B for a series of drama for certain days. The ...
The contract is discharged due to impossibility of performance bcoz he lets theatre for drama before dates it is on fire so there is impossibility so the contract becomes discharged.
A lets out a theatre to B for a series of drama for certain days. The ...
Discharge by Impossibility of Performance
Impossibility of performance refers to a situation where it becomes objectively impossible for a party to fulfill their obligations under a contract. In this scenario, the contract between A and B for the series of drama is discharged by impossibility of performance due to the complete destruction of the theatre by fire before the scheduled dates. Here's a detailed explanation of why option 'A' is the correct answer:
1. Definition of Impossibility of Performance
- Impossibility of performance is a legal doctrine that excuses a party from performing their contractual obligations when unforeseen events occur, rendering performance impossible.
- The event must be truly unforeseen and not caused by the fault or negligence of the party seeking discharge.
2. Application to the Given Scenario
- In this case, the complete destruction of the theatre by fire is an unforeseen event that was beyond the control of either party.
- The scheduled dates for the drama performances can no longer be fulfilled due to the unavailability of the theatre.
- It is objectively impossible for A to provide the theatre to B as agreed upon in the contract.
3. Effect on the Contract
- When a contract is discharged by impossibility of performance, the parties are released from their obligations and the contract is considered terminated.
- Neither party can be held liable for non-performance or breach of contract.
- Any payments made or due under the contract may be returned or refunded, depending on the circumstances.
4. Other Options Explained
- Option 'B' (Void ab initio) implies that the contract was void from the beginning. However, the contract was valid and enforceable at the time of its formation.
- Option 'C' (Voidable at the option of B) suggests that B has the choice to either affirm or rescind the contract. However, in this case, the contract is automatically discharged due to impossibility, and B does not have the option to continue with the contract.
- Option 'D' (A cannot be discharged of the contract) is incorrect because A can indeed be discharged of the contract due to the impossibility of performance.
In conclusion, the contract between A and B for the series of drama is discharged by impossibility of performance as the theatre was completely destroyed by fire before the scheduled dates. This results in the termination of the contract, relieving both parties from their obligations.
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