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.
Tags : Business Environment and Law-Performance And Discharge Of Contracts
Last 30 days 331 views