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Research Paper Volume 4 Issue 6 464 - 482 November 23, 2021

Applicability of the Doctrine of Impossibility under Section 56 of the Contract Act, 1872

Lead author · Corresponding
Madhur Pathak
Student at Amity Law School, Amity University, Noida, India.
Co-author
Akanksha Singh
Student at Amity Law School, Amity University, Noida, India.
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.112261
Abstract

Unexpected events may obstruct the fulfilment of an agreement's duties, resulting in legally binding vulnerability. The theory of frustration anticipates the only possible consequence of a very unusual occurrence that occurs without permission from the contracting parties. In view of norms of fairness and equity, the theory compensates for a contract's deficiency in terms of supervening events. Given the enormous ramifications of a big contract's essential and restricted nature, it's vital to look at the courts' decision. In contrast to precedent-based law, Indian contract law explicitly recognises the concept of frustration. The aim of this research is to review the law on the theory of impossibility as it applies to India. The paper starts with an introduction to the topic and further goes on to explain the various instances in which this particular law can be invoked. Also the paper covers various facets regarding the topic, explaining in detail the various kinds of impossiblities. In the main body of the article, the difference between the doctrines of frustration and impossiblity is explained under the contract act. In the concluding sections of the article there is a critical analysis accompanied by a personal viewpoint conclusion that gives clarity to the topic at large. Through this paper, I attempt to elaborate the complex doctrines covered under section 56 of the act and provide a brief description that contrasts and compares the different tenets under an agreement. The paper sheds light on the different ways when it’s impossible to perform a pre-agreed contract due to certain impossiblities and describes the many sorts of impossibilities in depth.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 464 - 482
DOI: https://doij.org/10.10000/IJLMH.112261
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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