Question 2 (c)
Impossibility of performance as a rule of discharge
6 marks
- Time to write
- About 12 minutes
- Notes
- Crux notes
Question
Question 2 (c) · 6 marks"Impossibility of performance is a rule; it is not an excuse for non- performance of contract". Comment on it. (6+6+6=18)
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- CommentA statement to judge: take a stand on it in your first line, and come back to it at the end.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Comment on the statement 1½ marks 3 min
- 2 Supervening and initial impossibility; effect 2½ marks 4 min
- 3 Cases and examples; conclusion 2 marks 3 min
- Check: every ask answered, key terms underlined 1 min
Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.
Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
Comment. The general rule is that parties to a contract must perform their promises. Impossibility does not operate as an excuse that a promisor may plead for not performing; it operates as a rule of law. Where performance becomes impossible after the contract is made, section 56 of the Indian Contract Act, 1872 itself makes the contract void and discharges both parties.
1Meera and Arjun book Sharma ji's hall for their wedding—the agreement is signed.
Possible to performThe contract was possible to perform when made.
2Days before the function, a fire guts the hall. Nobody is at fault.
Unexpected eventAn unexpected event or a change of circumstances beyond the parties' contemplation later makes performance impossible or unlawful.
3They tear up the agreement together: neither side owes the other anything now.
Section 56The contract becomes void, and the parties are discharged from further performance.
Supervening impossibility. When performance becomes impossible or illegal because of an unexpected event or change of circumstances beyond the parties' contemplation, the contract becomes void, and the parties are discharged from further performance. If the impossibility existed at the outset (initial impossibility), the agreement is void from the start; and where the promisor alone knew of it, he must compensate the promisee.
Cases. Supervening impossibility may result from an unforeseen change in law, destruction of the subject matter, the non-occurrence of a contemplated state of things (including personal incapacity), or declaration of war. Examples: a horse agreed to be sold dies in an accident; an actor engaged for six months is too ill to act on some occasions; a party to a promise of marriage goes mad.
Conclusion. Impossibility of performance is thus a rule of discharge laid down by section 56: the law ends the contract. It is not an excuse available whenever performance becomes harder; mere difficulty or expense does not discharge a contract.
Where the 6 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Comment on the statement | 1.5 |
| 2 | Supervening and initial impossibility; effect | 2.5 |
| 3 | Cases and examples; conclusion | 2 |
| Total | 6 |
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