Saturday, April 25, 2009

Practical Problems_Contract Act_94

Vipin is a professional dancer. Mr. Pandey engages him to dance at a party he
is giving for his business associates. But a day prior to the party Mr. Vipin’s son passes away and he could not perform the dance recital. In case Mr. Pandey sues Mr. Vipin, does the latter have any protection under the law?

When performance of a promise becomes impossible on account of subsequent developments of events or change in circumstances, which are beyond the contemplation of parties, the contract becomes void. Such supervening impossibility can arise due to variety of circumstances as stated below :
(a) Accidental destruction of the subject matter of the contract.
(b) Non-existence or non occurrence of a particular state of things.
(c) Changes in law.
(d) Incapacity to perform a contract of personal services.
As can be seen above in point (d), in cases of contract of personal service, disability or incapacity to perform, caused by an act of God e.g. illness, constitutes lawful excuse for non-performance of the contract (Robinson vs. Davison). Hence, Mr. Vipin has a valid excuse.

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