CMA Foundation · Fundamentals of Business Laws and Business Communication · Discharge of Contracts
Under the Indian Contract Act, 1872, an agreement to do an act which is impossible in itself is:
An agreement to do an act impossible in itself is void under Section 56 of the Indian Contract Act. It has no legal effect from the beginning, and it is not voidable at anyone's option, as in the example of discovering treasure by magic.
- AVoidable at the option of the promisee
- BVoidCorrect
- CValid but unenforceable
- DValid, with damages payable by both parties
Explanation
Section 56 says an agreement to do an act impossible in itself is void. It is void from the start and is not merely voidable, so the promisee has no option to affirm it. Illustration (a), an agreement to discover treasure by magic, shows this.
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