Tuesday, October 09, 2007

Contract Act_Practical Problems_31

A enters into a contract with B for supplying 800 tonnes of iron ore within 4 months. A fails to make delivery in time owing to difficulty in transport. But he admitted the availability of iron ore in the market at a higher price. Can A take the plea of impossibility of performance? Give reasons.

No-difficulty of performance and commercial impossibility should be distinguished from impossibility of performance. Section 56 of the Indian Contract Act declares only contracts void which become impossible of execution.

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