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Consider the following statements about the doctrine of frustration: 1. Act has become impossible to be…

Frustration under s.56 arises from physical impossibility (1), supervening illegality by newly enacted law (2), and personal incapacity such as the defendant's accident in a…

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Consider the following statements about the doctrine of frustration:
1. Act has become impossible to be performed.
2. Act cannot be performed because of application of some law recently enacted.
3. Act cannot be performed because of the non-availability of raw material.
4. Act cannot be performed by defendant due to his accident.
Which of the statements given above are correct?

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Answer and explanation

Correct answer B

Frustration under s.56 arises from physical impossibility (1), supervening illegality by newly enacted law (2), and personal incapacity such as the defendant's accident in a personal-service contract (4); mere non-availability of raw material (3) does not frustrate, hence "1, 2 and 4".

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