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Direction: 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.
Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.
Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.
  • a)
    Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.
  • b)
    Shukti will succeed because Mukti has breached the promise he had made to Shukti.
  • c)
    Shukti will not succeed because Mukti's performance has become impossible.
  • d)
    Shukti will not succeed because you cannot have a contract to marry two people.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Direction: The question consists of legal propositions/ principles (h...
Shukti will not succeed because you cannot have a contract to marry two people.
The consent of two adult people entering into a marriage is the only prerequisite for a valid marriage. There cannot be such a contract of marriage as described in the given scenario.
Hence, the correct option is (D).
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Direction: The question consists of legal propositions/ principles (h...


Explanation:

Contract for Marriage:
- A contract for marriage is not legally enforceable as it involves personal choices and cannot be compelled by law.
- Marriages are based on consent and cannot be forced upon individuals.

Principle of Frustration:
- Frustration occurs when the performance of a contract becomes impossible or the intended purpose of the contract is frustrated.
- Frustration renders the contract void.

Analysis of the Case:
- In this case, Mukti's daughter refusing to marry Shukti's son due to her own personal aspirations and choices.
- Mukti cannot be compelled to force his daughter into marriage as it goes against the principles of personal autonomy and consent.
- The performance of the contract has not become impossible, but rather Mukti's daughter has chosen not to fulfill her obligations.

Conclusion:
- Shukti will not succeed in suing Mukti for breach of contract as the contract for marriage is not legally enforceable.
- Additionally, the defense of frustration can be valid in this case as the performance of the contract has not been rendered impossible, but rather the intended purpose has been frustrated by the personal choices of the individuals involved.
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The COVID-19 pandemic has taken the entire world hostage in less than four months, and the global economy has been hit the hardest with governments across the globe implementing stringent policies including lockdown to control the coronavirus outbreak. The pandemic today presents unprecedented challenges and impediments to businesses in conducting their normal operations. The lockdown across the world has caused delays in the performance of contracts and transactions. Now, the question that arises is whether the current situation can enable parties to a contract to alter their obligations with non-compliance of terms neither being regarded as a "default committed by any party" nor a "breach of contract"? There are certain well-accepted practices for dealing with such extraordinary situations in commercial transactions by the inclusion of force majeure & material adverse effect (MAE) clauses. Determination of the types of circumstances so covered by the force majeure clause contained in a contract is essential. Provisions of force majeure often cover natural disasters like hurricanes, floods, and earthquakes as "acts of God." Other covered events may include war, terrorism, civil disorder, fire, disease medical epidemics or by reasons of applicable laws or regulations. Broadly, the Courts have interpreted the term "Force Majeure" as an event that can neither be anticipated nor controlled by either of the contracting parties. A force majeure clause applies in the context of ongoing contractual arrangements, whereas, an MAE or material adverse change (MAC) clause applies to the allocation of risk in transactions before their closure or completion. Pandemic and related consequences such as government action is a type of event covered by a force majeure clause, however, its impact on the affected partys ability to perform its contractual obligations may vary depending upon contractual terms. It is common for force majeure clauses to specify the impact that the event or circumstances in question must have, in order for the clause to be triggered. References may be made, for example, to the event or circumstances having "prevented", "hindered" or "delayed" performance. These terms require different levels of impact on performance before a party can claim recourse to these clauses. In other words, the force majeure and MAC clauses act as an exception to what would otherwise be treated as a breach of contract. Certain contracts may state that, if a force majeure clause is applied, the contract may automatically be terminated. On the other hand, some contracts may even state that the duty to fulfil the contractual obligation may be suspended for a certain period of time and if the force majeure event is not curbed or treated even after such time, then eventually the contract may be terminated. Though there cannot be a one-size-fits-all solution to this question, and it depends upon how the force majeure clause is worded in a specific contract; and in the absence of the same, applicable laws related to the same will be required to be taken into consideration.Q.Typically, the MAE (Material Adverse Chang e) provision in an agreement contemplates events which if they occur, or are likely occur, would have a “materially adverse change or effect on the assets, business, property, liabilities, financial condition, results, operations of the target” or that “affects the ability of the transacting parties to consummate the transaction” or the “validity or enforceability of the transacting parties to its rights and remedies under the transaction documents”. Which of the following sample clauses in a contract resembles an MAE clause?

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Direction: 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.Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.a)Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.b)Shukti will succeed because Mukti has breached the promise he had made to Shukti.c)Shukti will not succeed because Mukti's performance has become impossible.d)Shukti will not succeed because you cannot have a contract to marry two people.Correct answer is option 'D'. Can you explain this answer?
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Direction: 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.Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.a)Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.b)Shukti will succeed because Mukti has breached the promise he had made to Shukti.c)Shukti will not succeed because Mukti's performance has become impossible.d)Shukti will not succeed because you cannot have a contract to marry two people.Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: 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.Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.a)Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.b)Shukti will succeed because Mukti has breached the promise he had made to Shukti.c)Shukti will not succeed because Mukti's performance has become impossible.d)Shukti will not succeed because you cannot have a contract to marry two people.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: 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.Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.a)Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.b)Shukti will succeed because Mukti has breached the promise he had made to Shukti.c)Shukti will not succeed because Mukti's performance has become impossible.d)Shukti will not succeed because you cannot have a contract to marry two people.Correct answer is option 'D'. Can you explain this answer?.
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Here you can find the meaning of Direction: 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.Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.a)Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.b)Shukti will succeed because Mukti has breached the promise he had made to Shukti.c)Shukti will not succeed because Mukti's performance has become impossible.d)Shukti will not succeed because you cannot have a contract to marry two people.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: 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.Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.a)Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.b)Shukti will succeed because Mukti has breached the promise he had made to Shukti.c)Shukti will not succeed because Mukti's performance has become impossible.d)Shukti will not succeed because you cannot have a contract to marry two people.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Direction: 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.Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.a)Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.b)Shukti will succeed because Mukti has breached the promise he had made to Shukti.c)Shukti will not succeed because Mukti's performance has become impossible.d)Shukti will not succeed because you cannot have a contract to marry two people.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Direction: 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.Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.a)Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.b)Shukti will succeed because Mukti has breached the promise he had made to Shukti.c)Shukti will not succeed because Mukti's performance has become impossible.d)Shukti will not succeed because you cannot have a contract to marry two people.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: 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.Principle: If the performance of a contract is physically impossible or if the performance is possible, but the intended object of the parties fails to materialize, the contract is said to be frustrated. Frustration renders a contract void.Facts: Mukti Das and Shukti Das are the best of friends. One day they enter into an agreement that Mukti's daughter shall marry Shukti's son. When the time comes to perform Mukti's obligations, however, his daughter refuses to marry Shukti's son (Bin Das) since she wants to study further and join OPUS for her prep. Shukti, on hearing this, sues Mukti for breach of his promise made under the contract. Mukti takes the defence of frustration.a)Shukti will succeed because having given his word, Mukti should have forced his daughter to marry Bin Das.b)Shukti will succeed because Mukti has breached the promise he had made to Shukti.c)Shukti will not succeed because Mukti's performance has become impossible.d)Shukti will not succeed because you cannot have a contract to marry two people.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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