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Under the first paragraph of section 56 of the Indian Contract Act, 1872, how is an agreement to do an…

The first paragraph of section 56 applies when the act is impossible in itself at formation. The agreement is void from the outset. That differs from supervening…

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Under the first paragraph of section 56 of the Indian Contract Act, 1872, how is an agreement to do an act impossible in itself classified?

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Answer and explanation

Correct answer D

The first paragraph of section 56 applies when the act is impossible in itself at formation. The agreement is void from the outset.

That differs from supervening impossibility, which can make an initially valid contract void later under the second paragraph.

Option feedback

Option A

The impossibility exists when the agreement is made, so the agreement is void immediately.

Option B

The statute makes the agreement void without giving the promisor a choice to avoid it.

Option C

Shared knowledge of an inherently impossible act does not make the agreement binding.

Option D

The first paragraph of section 56 expressly makes the agreement void.

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