Saturday 29 June 2024

What is basic concept of doctrine of frustration with reference to Indian contract act?


The Doctrine of Frustration is a legal concept in contract law that allows for the discharge of contractual obligations when unforeseen events render performance impossible. It is codified in Section 56 of the Indian Contract Act, 1872, which states that agreements to do impossible acts are void, and when a contract becomes impossible or unlawful due to uncontrollable events, the contract is void. The Doctrine of Frustration is an exception to the general rule that obliges parties to honor their contractual promises, providing a means to harmonize the integrity of contracts with equitable considerations. The doctrine applies when the performance of a contract has been frustrated, and the performance of it has become impossible to perform due to any unavoidable reason or condition. The doctrine makes any contract or agreement which is incapable of being performed or becomes so after it is made, void and hence, discharges the parties from their liabilities mentioned in the contract. The Doctrine of Frustration has evolved over time and has been incorporated into Indian law through Section 56 of the Indian Contract Act, 1872.

Important judgments on doctrine of frustration of contract :
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