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X of Mumbai agreed to sell 1000 bales of cotton @ Rs. 999/bale and to deliver within a fortnight at buyers godown at Karachi. X failed to supply these goods. State the legal position in each case with explanation.
Q.If war is declared between India & Pakistan
- a)Void on the ground of supervening impossibility
- b)Void on the ground of non-performance
- c)Voidable
- d)Void on the ground of commercial impossibility
Correct answer is option 'A'. Can you explain this answer?
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X of Mumbai agreed to sell 1000 bales of cotton @ Rs. 999/bale and to ...
Legal Position in Case of War Declaration between India and Pakistan:
There are four possible options given to determine the legal position in this case. Let's analyze each option to find the correct answer:
A: Void on the ground of supervening impossibility:
- This option suggests that the contract becomes void due to a supervening impossibility.
- If war is declared between India and Pakistan, it can be considered as a supervening impossibility, as it would make it impossible for X to deliver the goods in Karachi.
- This option seems to be the most appropriate legal position in this case.
B: Void on the ground of non-performance:
- Non-performance is a situation where one party fails to perform its obligations under the contract.
- While X failed to supply the goods, the reason for non-performance is crucial in determining the legal position.
- If the reason is war declaration between the two countries, it would fall under supervening impossibility rather than a mere non-performance.
C: Voidable:
- A voidable contract is one that can be either affirmed or rejected by the innocent party.
- In this case, the contract cannot be affirmed if war is declared between India and Pakistan, as it would make performance impossible.
- Therefore, this option does not seem to be the correct legal position.
D: Void on the ground of commercial impossibility:
- Commercial impossibility occurs when the performance of the contract becomes excessively burdensome or impracticable due to unforeseen circumstances.
- While war declaration may make performance impracticable, it is not merely a commercial impossibility but a supervening impossibility.
- Hence, this option does not accurately represent the legal position.
Conclusion:
Based on the analysis, option A: "Void on the ground of supervening impossibility" is the most appropriate legal position in this case. If war is declared between India and Pakistan, the contract would become void as it would be impossible for X to deliver the goods in Karachi.
There are four possible options given to determine the legal position in this case. Let's analyze each option to find the correct answer:
A: Void on the ground of supervening impossibility:
- This option suggests that the contract becomes void due to a supervening impossibility.
- If war is declared between India and Pakistan, it can be considered as a supervening impossibility, as it would make it impossible for X to deliver the goods in Karachi.
- This option seems to be the most appropriate legal position in this case.
B: Void on the ground of non-performance:
- Non-performance is a situation where one party fails to perform its obligations under the contract.
- While X failed to supply the goods, the reason for non-performance is crucial in determining the legal position.
- If the reason is war declaration between the two countries, it would fall under supervening impossibility rather than a mere non-performance.
C: Voidable:
- A voidable contract is one that can be either affirmed or rejected by the innocent party.
- In this case, the contract cannot be affirmed if war is declared between India and Pakistan, as it would make performance impossible.
- Therefore, this option does not seem to be the correct legal position.
D: Void on the ground of commercial impossibility:
- Commercial impossibility occurs when the performance of the contract becomes excessively burdensome or impracticable due to unforeseen circumstances.
- While war declaration may make performance impracticable, it is not merely a commercial impossibility but a supervening impossibility.
- Hence, this option does not accurately represent the legal position.
Conclusion:
Based on the analysis, option A: "Void on the ground of supervening impossibility" is the most appropriate legal position in this case. If war is declared between India and Pakistan, the contract would become void as it would be impossible for X to deliver the goods in Karachi.
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X of Mumbai agreed to sell 1000 bales of cotton @ Rs. 999/bale and to deliver within a fortnight at buyers godown at Karachi. X failed to supply these goods. State the legal position in each case with explanation.Q.If war is declared between India Pakistana)Void on the ground of supervening impossibilityb)Void on the ground of non-performancec)Voidabled)Void on the ground of commercial impossibilityCorrect answer is option 'A'. Can you explain this answer?
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