Indian Contract Act, 1872

Section 42

Effect of promise to do something impossible

⚡ Quick Answer Reference: Section 42 Contract Act

Provision: Section 42 of Contract Act
Act: Indian Contract Act, 1872
Classification: contract
Jurisdiction: India
Summary: If a contract requires someone to do something that becomes impossible or unlawful after the contract is made, the contract becomes void. If the person knew or should have known that the task was impossible or unlawful, they must compensate the other person for any losses.

Statutory Content

What does Section 42 of Contract Act say?

Section 42 of the Indian Contract Act, 1872, states that a contract to do an act which, after the contract is made, becomes impossible or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. The section further clarifies that where one person has promised to do something which he knew or, with reasonable diligence, might have known, and which the promisee did not know, to be impossible or unlawful, the promisor must make compensation to the promisee for any loss which the promisee sustains through the non-performance of the promise.

Indian StandardSection 42, Indian Contract Act, 1872

Bluebook (21st ed.)Indian Contract Act, 1872, § 42 (India)

Court Pleading StandardSection 42 of the Indian Contract Act, 1872

Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/42

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

<iframe src="https://nyaya.cloud/api/widget/section?act=indian-contract-act-1872&sec=42" width="100%" height="250" style="border:none; border-radius:8px;"></iframe>

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 42 of Contract Act mean?

Plain English Explanation

If a contract requires someone to do something that becomes impossible or unlawful after the contract is made, the contract becomes void. If the person knew or should have known that the task was impossible or unlawful, they must compensate the other person for any losses.

Practical Interpretation

This section applies in situations where a contract is made with the intention of doing something that later becomes impossible or unlawful. The promisor must take reasonable care to ensure that the task is feasible and lawful. If they fail to do so, they may be liable for damages.

Core Legal Purpose

The core purpose of this section is to protect the promisee from losses arising from the non-performance of an impossible or unlawful task. It ensures that the promisor takes reasonable care to ensure that the task is feasible and lawful.

Key Legal Elements

•The task must become impossible or unlawful after the contract is made.
•The promisor must have known or should have known that the task was impossible or unlawful.
•The promisor must make compensation to the promisee for any losses sustained through non-performance.
•The contract becomes void when the task becomes impossible or unlawful.

Practical Example

Practical Example of Section 42 Contract Act

Rajesh and Priya enter into a contract where Rajesh agrees to transport a valuable item from Mumbai to Delhi. However, due to unforeseen circumstances, the item is lost during transit. Priya did not know that Rajesh was not experienced in transporting valuable items. Rajesh is liable to compensate Priya for the loss of the item.

Common Questions (FAQ)

Frequently Asked Questions about Section 42 Contract Act

Q: What is the punishment or consequence under Section 42 of Indian Contract Act, 1872?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment.

Common Questions about Section 42 Contract Act

What is Section 42 of Contract Act?

Section 42 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Effect of promise to do something impossible". In plain terms: If a contract requires someone to do something that becomes impossible or unlawful after the contract is made, the contract becomes void. If the person knew or should have known that the task was impossible or unlawful, they must compensate the other person for any losses.

What are the elements of Section 42 of Contract Act?

The essential elements of Section 42 of Contract Act are: The task must become impossible or unlawful after the contract is made.; The promisor must have known or should have known that the task was impossible or unlawful.; The promisor must make compensation to the promisee for any losses sustained through non-performance..

Landmark Case Laws