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Understanding Doctrine of Frustration in Indian Contract Act 1872

The Indian Contract Act of 1872 is the governing law for all contractual agreements in India. One of the important concepts of the act is the Doctrine of Frustration. This doctrine comes into play when, due to unforeseen circumstances, the performance of a contract becomes impossible or impractical.

What is Doctrine of Frustration?

The Doctrine of Frustration is a legal principle that allows a contract to be terminated when a situation arises that makes its performance impossible or impractical. The Doctrine of Frustration applies when an unexpected event occurs that falls outside the control of the parties involved. This event could be a natural disaster, war, government intervention, or any other event that makes the performance of the contract impossible or impractical.

When Does Doctrine of Frustration Apply?

The Doctrine of Frustration is intended to protect the parties involved in a contract from unforeseen circumstances that are beyond their control. It applies when the event that renders the contract impossible or impractical did not exist at the time of the contract`s formation. Furthermore, the event must not be the result of any fault of the parties involved.

For instance, let`s suppose two parties, A and B, enter into a contract for the sale of a specific product. After the agreement is made, A`s factory burns down, making it impossible to produce the product. In this scenario, the Doctrine of Frustration applies as the performance of the contract becomes impossible due to an unforeseen event beyond the control of the parties involved.

What Happens When Doctrine of Frustration Applies?

When the Doctrine of Frustration applies, the contract comes to a sudden end. Neither party is liable for any breach of contract that may occur due to their inability to perform the contract. However, any money paid under the contract before the frustrating event occurred may be refundable.

Conclusion

The Doctrine of Frustration is an essential legal principle that protects parties from unforeseen events that make the performance of a contract impossible or impractical. It applies when the event was beyond the control of the parties involved and was not present when the contract was formed. When the Doctrine of Frustration applies, the contract terminates immediately, and neither party is liable for any breach of contract that may occur.