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X promises to marry Y. X knows that X is already married to Z and that the applicable law prohibits the…

An agreement to do an act impossible in itself is void. Compensation is due for resulting loss when the promisor knew or could reasonably have known of the impediment and…

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X promises to marry Y. X knows that X is already married to Z and that the applicable law prohibits the proposed marriage. Y does not know of the impediment and suffers loss because X does not perform the promise.

(i) X must compensate Y for the loss caused by non-performance.
(ii) Y can compel X to marry under section 56.
(iii) An agreement to do an act impossible in itself is void.

Which statements are correct under the Indian Contract Act, 1872?

Select one answer
Answer and explanation

Correct answer B

An agreement to do an act impossible in itself is void. Compensation is due for resulting loss when the promisor knew or could reasonably have known of the impediment and the promisee did not. The statute illustrates the rule with a prohibited second marriage.

Option feedback

Option A

The compensation requirement is satisfied, and section 56 does not permit enforcement of the prohibited marriage. The rule on an inherently impossible act is also true.

Option B

The facts support compensation, and the rule on an inherently impossible act is stated in section 56.

Option C

Section 56 does not give a right to compel an unlawful marriage.

Option D

The impossibility rule is true. The stated knowledge and loss also satisfy the compensation rule.

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