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Published on: 27/06/2021
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Questions + Answers key
Take MCQ Commerce Test1.
When a contract is discharged by the operation of law?
2.
For what are the cases, suit for specific shall not be granted by the court?
3.
What are the circumstances of quantum meruit will arise?
4.
What are the ways in which a contract may be discharged?
5.
A entered into a contract with B for supply of 1000 tonnes of sand to B within 5 months for construction of Building. A failed to make the delivery in accordance with the terms of the contract owing to Government restrictions on the transport of sand from quarries, but admitted, that sand was available and could be purchased in the foreign market. Can A successfully take the plea that the contract stood discharged because of impossibility of performance?
1.
A contract can be discharged by the operation of law. The operation of law by which the contract can be discharged are as follows :
(i) By Death:
If the contract depends on the personal skill or ability, then such contract may be discharged on the death of the promisor.
(ii) By Merger:
Merger will take place when inferior rights accruing to the same party either under the same or another contract.
(iii) By insolvency:
An insolvent is discharged from all Liabilities incurred prior to his adjudication.
(iv) Unauthorised alteration of the terms of the contract:
If one party makes any material alteration in the contract without the consent of other party, then the other party can avoid the contract.
(v) Rights and Liabilities vesting in the same person:
Where the Rights and Liabilities become vested in the same person, the other parties are discharged.
2.
The court does not grant suit for specific performance in the following cases:
(i) The damages are an adequate remedy.
(ii) The contract is not certain.
(iii) The contract is inequitable to either party.
(iv) The contract is of revocable nature.
(v) The contract involves penal nature.
(vi) The contract is made by the trustee.
(vii) The contract made by a company ultra-vires of its Memorandum of Association.
(viii) Where the contract is not fair and just.
3.
(i) If a contract is bound to be void.
(ii) If something is done without any intention to do so gratuitously.
(ii) If one party abandons or refuses to perform the contract.
(iii) If a contract is divisible.
(iv) If a contract is performed badly.
4.
A contract may be discharged in anyone of the following ways:
(i) By performance
(ii) By Mutual agreement
(iii) By impossibility
(iv) By operation of law
(v) By Breach of contract
(vi) By Lapse of time.
5.
(i) According to Section 56 of the Indian Contract Act, 1872, the contract becomes void, if, for no fault of the"promisor, the contract becomes impossible of performance.
(ii) Since in the given case, it is admitted by the promisor that the sand was available in the other market, the promise is not concerned wherefrom the supplies are arranged.
(iii) Therefore, non-performance will entitle B to claim damages.
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Tamilnadu Stateboard 11th Standard Subjects
Maths
Commerce
Economics
Biology
Business Maths and Statistics
Accountancy
Computer Science
Physics
Chemistry
Maths
Biology
Economics
Physics
Chemistry
History
Business Maths and Statistics
Computer Science
Accountancy
Computer Applications
History
Computer Technology
Commerce
Computer Applications
Computer Technology
Tamil
English
French
Tamilnadu Stateboard Standards
