Discharge by Supervening Impossibility


A contract is discharged by supervising impossibility in the following cases


  1. Destruction of subject-matter of contract: When the subject-matter of a contract, subsequent to its formation, is destroyed without any fault of the parties to the contract, the contract is discharged.

Example: C let a music hall to T for a series of concerts on certain days. The hall was accidentally burnt down before the date of the first concert. Held the contract was void.


  1. Non-existence or Non-occurrence of a particular state of things: Sometimes, a contract is entered into between two parties on the basis of a continued existence or occurrence of a particular state of things. If there is any change in the state of things which ought to have occurred does not occur, the contract is discharged.

Example: A and B contract to marry each other. Before the time fixed for the marriage, A goes mad. The contract becomes void.


  1. Death or Incapacity for personal service: Where the performance of a contract depends on the personal skill or qualification of a party, contract is discharged on the illness or incapacity or death of that party. The man’s life is an implied condition of the contract.

Example: An artist undertook to perform at a concert for a certain price. Before she could do so, she was taken seriously ill. Held she was discharged due to illness.

  1. Change of law: When subsequent to the formation of a contract change of law takes place, and the performance of the comerge becomes impossible the contract discharged.

Example: D enters into a contract with P on 1st March for supply of ghdkjfg imported goods in the month of September of the same year in June gdfg fgdf Parliament the import of such goods is banned. The contract is discharged.


  1. Outbreak of war : A contract entered into with an after enems during war is unlawful and therefore impossible for performance. Contracts entered into before the outbreak of war are suspended during the war and may be revived after the war is over.
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