The question (13 marks)
Explain the doctrine of supervening impossibility under s. 56 of the Indian Contract Act 1872. On what grounds has frustration been allowed, and in what situations is it not available? (13 marks)
MU Module III; pack ch. 09 (s. 56, frustration, discharge)
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Performance, breach and remedies of Law of Contract and Specific Relief.
Authorities you will need
- Indian Contract Act 1872, ss. 56, 65
- Satyabrata Ghose v Mugneeram Bangur & Co
- Taylor v Caldwell (1863) 3 B & S 826
- Krell v Henry (1903) 2 KB 740
- Alopi Parshad & Sons Ltd v Union of India
- Tsakiroglou & Co Ltd v Noblee Thorl GmbH (1962) AC 93
- Naihati Jute Mills Ltd v Khyaliram Jagannath
- Energy Watchdog v Central Electricity Regulatory Commission (2017) 14 SCC 80
- Raja Dhruv Dev Chand v Raja Harmohinder Singh
- Maritime National Fish Ltd v Ocean Trawlers Ltd (1935) AC 524
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.