IMPOSSIBILITY OF PERFORMANCE/FRUSTRATION OF CONTRACT
IMPOSSIBILITY OF PERFORMANCE/FRUSTRATION OF CONTRACT When an agreement, which was binding on the parties to it, ceases to bind them, the contract is said to be discharged. A contract may be discharged in the following ways- (1) By Performance of the contract (2) By Breach of the contract (3) By Impossibility of performance (4) By Agreement and Novation (3) Discharge by impossibility of performance If the performance of a contract is impossible, the same is void. Section 56, deals with this question. The first paragraph of Section 56 provides that an agreement to do an act impossible in itself is void. The second paragraph provides that a contract to do an act, which becomes unenforceable, if the act becomes: (a) impossible; or (b) for reason of some event which the promiser could not prevent. This Section also provides that it becomes so unenforceable when the act becomes impossible or unlawful. 1. Initial Impossibility Section 56 says: "An to do an act impos...