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Business Environment and Law-Performance And Discharge Of Contracts

Supervening impossibility may arise in any of the following ways-Performance And Discharge Of Contracts

   Posted On :  07.05.2018 11:11 pm

Supervening impossibility may arise in any of the following ways: Performance And Discharge Of Contracts

Supervening impossibility may arise in any of the following ways:

1. Destruction of the subject matter:
2. When the foundation of the contract ceases to exist: If in a contract, it is deemed that the parties had assumed certain state of things to continue and that state of things ceases to exist, the contract would come to an end.
3. Change of Law: A contract which becomes illegal after it is made, becomes void and the parties to the contract will be discharged from their respective obligations.
4. Death or personal incapacity: Where the contract is of personal nature the death or incapacity of the promisor would discharge the contract.
5. Declaration of war: A contract entered into with an alien enemy before the war breaks out is either suspended or discharged after the declaration of war if it does not aid the enemy in the pursuit of war, it is suspended and would be performed after the war is over, otherwise it is terminated and the parties to the contract are discharged from their respective obligations.

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