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 Which of the following contract is not discharged by frustration ?
  • a)
    Government Intervention
  • b)
    Destruction of goods
  • c)
    Change of law
  • d)
    Commercial Impossibility
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Which of the following contract is not discharged by frustration ?a)Go...
 
 
The doctrine of frustration is only a special case to discharge a contract by an impossibility of performance after the contract was entered into. A contract is frustrated when subsequent to its formation, a change of circumstances renders the contract legally or physically impossible to be performed.”
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Most Upvoted Answer
Which of the following contract is not discharged by frustration ?a)Go...
A frustrated contract is a contract that, subsequent to its formation, and without fault of either party, is incapable of being performed due to an unforeseen event (or events), resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract.
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Community Answer
Which of the following contract is not discharged by frustration ?a)Go...
The correct answer is option 'D' - Commercial Impossibility.

Explanation:

Discharge of a contract refers to the termination of contractual obligations between the parties involved. Frustration is a doctrine that can discharge a contract when unforeseen events occur that make it impossible to fulfill the contract's purpose or obligations.

Let's examine each option to understand why 'Commercial Impossibility' is not discharged by frustration:

a) Government Intervention:
If a government intervenes and introduces new regulations or policies that make it impossible or significantly difficult to perform the contract, frustration may apply. For example, if the government bans the import or export of certain goods, it can frustrate a contract involving the sale or purchase of those goods.

b) Destruction of Goods:
If the subject matter of the contract is destroyed or becomes unavailable due to unforeseen circumstances, such as a fire or natural disaster, frustration may apply. For instance, if a contract involves the sale of a specific car model, but that model is destroyed before the contract is fulfilled, frustration may discharge the contract.

c) Change of Law:
If there is a change in the law that renders the performance of the contract illegal or impractical, frustration may apply. For example, if a contract involves the sale of a substance that becomes prohibited by law, frustration may discharge the contract.

d) Commercial Impossibility:
This option is the correct answer because commercial impossibility is not discharged by frustration. Commercial impossibility refers to a situation where performance of the contract becomes economically or financially difficult, but not impossible. Frustration applies when the contract's purpose or obligations become impossible to fulfill, not just difficult or economically burdensome.

Commercial impossibility can be a valid reason to seek contract modification or renegotiation, but it does not automatically discharge the contract. The parties involved must negotiate and find a mutually agreeable solution to address the economic challenges or hardships.

In conclusion, while options a), b), and c) can be discharged by frustration, option d) - Commercial Impossibility - is not discharged by frustration.
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Similar CA Foundation Doubts

Features of a Mixed Economy:A mixed economy is an economic system that combines elements of both a market economy and a planned economy. It incorporates features of both private enterprise and government intervention. The correct answer is D, as all of the following features are characteristic of a mixed economy:1. Planned economy:A mixed economy includes elements of a planned economy, where the government plays a role in guiding and regulating economic activities. It formulates economic plans and policies to ensure the efficient allocation of resources and to promote economic stability.2. Dual system of pricing:In a mixed economy, there exists a dual system of pricing, which means that both market prices and government-set prices coexist. While market forces determine prices for most goods and services, the government may intervene to regulate prices in certain sectors to protect consumers or promote social welfare.3. Balanced regional development:Another characteristic of a mixed economy is the emphasis on balanced regional development. The government intervenes to ensure that economic growth and development are not concentrated in specific regions or industries but are spread across different regions and sectors. This helps to reduce regional disparities and promote overall economic stability and social welfare.Benefits of a Mixed Economy:A mixed economy offers several benefits due to its combination of market forces and government intervention. Some of these benefits include:1. Economic efficiency:By incorporating market mechanisms, a mixed economy allows for resource allocation based on supply and demand, which promotes economic efficiency. Market forces encourage competition, innovation, and productivity, leading to higher levels of economic growth.2. Social welfare:Government intervention in a mixed economy enables the provision of public goods and services that may not be adequately provided by the market alone. This includes areas such as healthcare, education, infrastructure, and social security, ensuring a certain level of social welfare and equity.3. Stability and regulation:The government's role in a mixed economy helps to maintain economic stability through macroeconomic policies such as fiscal and monetary measures. It also regulates certain sectors to prevent market failures, protect consumer rights, and ensure fair competition.Conclusion:A mixed economy combines the advantages of both market forces and government intervention. It allows for economic efficiency, social welfare, and stability. The features of a mixed economy include elements of a planned economy, a dual system of pricing, and balanced regional development. These features work together to create a system that promotes both economic growth and social welfare.

Which of the following contract is not discharged by frustration ?a)Government Interventionb)Destruction of goodsc)Change of lawd)Commercial ImpossibilityCorrect answer is option 'D'. Can you explain this answer?
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