Question 2 OR (b)
Rice requisitioned by the Government before delivery
5 marks
- Time to write
- About 10 minutes
From an older CBCS paper
Question
Question 2 OR (b) · 5 marksRohit agreed to sell Sunil one thousand bags of rice. Before he could deliver them; in public interest the Government requisitioned the whole quantity of rice. For non performance of the contract, can Sunil file a suit against. Rohit?
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
What the paper leaves open
The only copy of this paper found is cut off at the right edge of the page; the few words lost there are read from the sense and from the Hindi version of the question. "against. Amit" is printed so; read as "against Amit".
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Supervening impossibility (section 56) 2 marks 3 min
- 2 Application and conclusion 3 marks 5 min
- Check: every ask answered, key terms underlined 1 min
Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.
Try it first. About 10 minutes for 5 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.
Provision. Section 56 deals with promises that cannot be kept because of what happens after the contract is made. If an event the parties did not foresee, and could not have prevented, makes performance impossible or unlawful, the contract becomes void from that moment and neither party is bound any further. Government action and changes in the law are among such events, and the loss or unavailability of the very goods contracted for is a classic case.
Application. After Rohit agreed to sell one thousand bags of rice, and before he could deliver them, the Government requisitioned the whole quantity of rice in public interest. Performance became impossible by an act of the Government that Rohit could not prevent and that the parties did not contemplate.
Conclusion. The contract became void; Sunil cannot file a suit against Rohit for non-performance.
Where the 5 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Supervening impossibility (section 56) | 2 |
| 2 | Application and conclusion | 3 |
| Total | 5 |
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