that the word "impossible"
has not been used here in the sense of physical or literal
impossibility. The performance ... perform an
impossibility. The parties shall be excused, as Lord
Loreburn says
"If substantially the whole contract becomes
impossible of performance or in other
word "impossible" has not been used
in the section in the sense of physical or literal impossibility. The
performance ... parties to say
that the contract was discharged by impossibility of performance.
40. This view of the law has been echoed in Chitty on Contracts
conditional termination and as the condition was
impossible of performance in the circumstances
prevailing, there was in fact no termination. That
condition, it was said ... nothing to show that the condition, if it
was such, was impossible of performance. However,
that may be, there is no question of any condition
impossible, Section 21 does not
entitle him to seek damages. However where the contract,
for no fault of the plaintiff, becomes impossible of
performance, Section ... relief of specific performance,
since, according to the claimant/respondent no.1 herein, performance had
become impossible without any fault on its part
conditional termination
and as the condition was impossible of performance in the
circumstances prevailing, there was in fact no termination.
That condition, it was said ... nothing to show that the condition, if it was such, was
impossible of performance. However, that may be, there is
no question of any condition
conditional termination and as the condition was
impossible of performance in the circumstances
prevailing, there was in fact no termination. That
condition, it was said ... nothing to show that the condition, if it
was such, was impossible of performance. However,
that may be, there is no question of any condition
impossible act.--An agreement to do an act
impossible in itself is void.
Contract to do an act afterwards becoming impossible or
unlawful.--A contract ... that the word "impossible" has not been used here in the
sense of physical or literal impossibility. The performance
agreement and not the other part, unless such other part is
impossible of performance or is void being contrary to the
provisions
Samuel Kamalesan vs Union Of India on 30 May, 2025
Author: Navin Chawla
Bench: Navin
impossible act.--An agreement to
do an act impossible in itself is void.
Contract to do act afterwards becoming impossible or
unlawful.--A contract ... impossible, or, by reason of some event
which the promisor could not prevent, unlawful, becomes
void when the act becomes impossible or unlawful."
Performance
