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Assume that Indian contract law applies to facts like those in Krell v. Henry. After the parties hire a…

Section 56 of the Indian Contract Act governs supervening impossibility. The defeat of the contract's common foundation can amount to impossibility even when the room…

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Assume that Indian contract law applies to facts like those in Krell v. Henry. After the parties hire a room solely to view a particular procession, the procession is called off for the agreed dates. Their contract does not allocate that risk. Which provision governs the supervening frustration of the contract?

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Answer and explanation

Correct answer D

Section 56 of the Indian Contract Act governs supervening impossibility. The defeat of the contract's common foundation can amount to impossibility even when the room remains physically available.

The procession was called off for the agreed dates after the parties contracted. The relevant distinction from section 20 is that the event came later, instead of being an essential fact about which the parties were already mistaken.

Option feedback

Option A

Section 20 concerns a shared mistake about a fact essential to the agreement when it is made.

Option B

Section 10 sets the general conditions for an agreement to be a contract.

Option C

Section 12 concerns soundness of mind for contracting.

Option D

Section 56 governs subsequent impossibility and applies where the event defeats the common foundation of the contract.

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