Performance and Discharge of Contracts (08.07.2020)

Q. Briefly explain the meaning, scope and applicability of the doctrine of frustration under the law of contract.

Answer Approach:

Introduction: Give a brief introduction about Section 56 and the two types of impossibility.  

• Main body: Discuss about initial impossibility and its various aspects. Thereafter, discuss about the various situations of subsequent impossibility along with illustrations or case laws. Also mention about exceptions to the doctrine of frustration in brief. 

• Conclusion: Conclude by mentioning about the provisions related to obligation of a person who has received an advantage under void agreement.

• Tip for students: This is a straightforward question which is usually well prepared by all the students. So in order to score better than others in this answer, try to include all the aspects in a proper structure and don’t skip on introduction as well as conclusion.

Students please note: 

  • You need to upload your answers in the Comments section under the questions. Students are advised to upload clear photos of handwritten answers.
  • To maximise your benefit from this free answer writing exercise, try to read other students’ answers and jot down important pointers. This way you shall not only learn from the good aspects of others’ answers but also from their mistakes. You are encouraged to review each other’s answers for mutual benefit and help in building a supportive Law Optional Preparation Community

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