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Indian Contract Act, 1872

Section 56

Agreement to do impossible act

Quick Answer Reference: Section 56 Contract Act

  • Provision: Section 56 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 56 of Contract Act say?

Section 56 of the Indian Contract Act, 1872, states: 'An agreement to do an act impossible in itself is void. 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. 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, such promisor must make compensation to such promisee for any loss which such promisee sustains through the non-performance of the promise.' This section deals with the situation where the contract involves doing an impossible act. The courts have held that if the impossibility arises after the contract is made, the contract becomes void. However, if the promisor knew or should have known of the impossibility, they must compensate the promisee for any loss sustained. In the case of Satyabrata Ghose vs. Mugneeram Bangur & Co., the court observed that the contract becomes void if the performance of the contract becomes impossible after the contract is made.

Indian StandardSection 56, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 56 (India)
Court Pleading StandardSection 56 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/56

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
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Common Questions about Section 56 Contract Act

What is Section 56 of Contract Act?

Section 56 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Agreement to do impossible act". The section states: Section 56 of the Indian Contract Act, 1872, states: 'An agreement to do an act impossible in itself is void. A contract to do an act which, after the contract is made, becomes imp...

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