Agreement To Sale Indian Kanoon

If another service is possible, it is obvious that a mere increase in the price of freight would not allow one of the parties to say that the contract was performed by impossibility of performance. In the pioneering decision Satyabrata Ghose v. Mugneeram Bangur &co., 1954 SCR 310[12], the Hon`ble Apex Court had written in the pioneering decision Satyabrata Ghose v. Mugneeram Bangur &Co., 1954 SCR 310[12], on section 56 of the Indian Contract Act. The Supreme Court held that the word “impossible” was not used in the section in the sense of physical or literal impossibility. To determine whether an event of force majeure has occurred, it is not necessary for the performance of an act to become literally impossible, a simple inferiorability of the performance from the point of view of the parties and taking into account the subject matter of the contract is also covered.

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