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CMA Foundation · Fundamentals of Business Laws and Business Communication · Discharge of Contracts

Arjun, a vocalist, contracted to perform at a Pune theatre for six months for a sum paid in advance by the theatre owner. On several occasions Arjun was too ill to perform. According to the illustration to Section 56, the effect is that:

The contract becomes void only for the particular occasions on which the actor is too ill to perform. The illustration to Section 56 limits the effect of impossibility to those occasions, so the six-month contract is not wholly void.

  1. AThe whole six-month contract becomes void permanently
  2. BThe contract is void only for those occasions on which he was too ill to actCorrect
  3. CThe contract is voidable at Arjun's option for the whole period
  4. DThe contract continues unaffected because illness is no excuse

Explanation

Illustration (e) to Section 56 states that the contract to act on those occasions becomes void. The impossibility affects only the occasions of illness, so the whole contract is not ended. The option of total voidness is wrong because the illustration limits the effect to those occasions.

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