clear that the word “impossible” has not been
used here in the sense of physical or literal impossibility. The
performance ... that the word "impossible" has not been used
here in the sense of physical or literal impossibility. The performance
contract cannot be said to have become impossible.
Therefore, we hold that there cannot be impossibility of performance or frustration to this contract ... other words, the impossibility referred to in Section 56 is not commercial impossibility. In his treatise on Impossibility of Performance
apply with the minimum guarantee throughput due to the impossibility of
performance of contract created by the Government of Karnataka by passing
two orders imposing ... clear that the word
“impossible” has not been used here in the sense of
physical or literal impossibility. The performance
change in the policy of the Government of Karnataka
resulted in impossibility of performance and therefore, the first respondent
cannot encash the Bank Guarantee ... clear that the word
“impossible” has not been used here in the sense of
physical or literal impossibility. The performance
party to a contract
becomes impossible. Thus, it makes the obligation of a party
impossible of performance which in turn gives him the escape route ... that the word "impossible"
has not been used here in the sense of physical
or literal impossibility. The performance
specific thing necessary for the performance of the contract; nor can we say that the performance has become impossible by reason of the incapacity ... other words, the impossibility referred to in S. 56 is not commercial impossibility. In his treatise on "Impossibility of performance
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(1),
"if substantially the whole contract becomes impossible of
performance
frustration impossibility of performance due to
intervening circumstances-Whether contract discharged on an
implied term or on Court deciding performance impossible-
Contract ... foresee when they entered into the contract, the
contract became impossible of performance and ought to have
been treated as void under
refusal to permit the sate had rendered the agree-
ment impossible of performance.
Allowing the appeal, the Court.
HELD: (1) The parties are governed ... that the word "impossible" has
not been used here in the sense of physical or
literal impossibility. The performance
Ferani Hotels Pvt. Ltd vs Nusli Neville Wadia on 15 December, 2010
Author: Roshan Dalvi
