Section 56 of the Indian Contract Act, 1872 lays down that an agreement to do an act impossible in itself is void. This means that any contract or agreement that involves performing an act that is impossible to carry out is not legally binding. This clause is essential for protecting the interests of parties involved in a contract and ensuring clarity and fairness in the agreement.
The Indian Contract Act defines a contract as a legally binding agreement between two parties, which involves the exchange of goods or services for money or other consideration. Each party in the contract has certain obligations to fulfill. However, if one of the parties is asked to perform an act that is impossible to carry out, such as jumping over a skyscraper, the contract becomes void.
The concept of impossibility is divided into two categories – impossibility of performance and supervening impossibility. Impossibility of performance refers to a situation where a party cannot perform the obligations mentioned in the contract due to reasons beyond their control, such as death, illness, or natural calamities. In such cases, the contract is considered void.
Supervening impossibility, on the other hand, refers to a situation where the performance of the contract becomes impossible due to reasons that arise after the contract has been signed. This could include legislative changes, war, or any other unforeseen circumstances that make it impossible for the parties to fulfill their obligations. In such cases, the contract becomes void automatically.
It is essential for parties involved in a contract to understand the implications of Section 56 to avoid any legal battles in the future. They should ensure that the terms of the contract are clear and unambiguous, and that the performance of the contract is feasible. If there is any doubt or uncertainty about the possibility of performing a particular act, it should be clarified before signing the contract.
In conclusion, Section 56 of the Indian Contract Act is a crucial clause that protects the interests of parties involved in a contract. It lays down that any agreement to do an act that is impossible in itself is void. Thus, it is vital for parties to ensure that the terms of the contract are clear and unambiguous, and that the performance of the contract is feasible to avoid any legal disputes in the future.