CA Foundation doubt
false
Which provision is related, And Mr j entitled for refund? Can anyone explain..

Asked by Sameena9 Jul 2024278 views
CA Foundation doubt
Which provision is related, And Mr j entitled for refund? Can anyone explain..

Asked by Sameena9 Jul 2024278 views
Janshi · 10 Jul 2024
Answer is Sec (56)
Janshi · 10 Jul 2024
Answer : As per Section 56 of the Indian Contract Act, a contract to do an act, which after the contract is made, become- impossible, or, unlawful by reason of some events which the promisor could not prevent, eg. change in law, becomes void when the act become impossible or unlawful and parties discharged from performance. In the given scenario, when Mr. J entered into an agreement with Mr. S to purchase his house, the performance on the contract was quite feasible. However, pertaining to changes in the law and the anti-encroachment drive of the local administration, Mr. S’s house was demolished. Thus, the parties are discharged from performance but Mr. J is entitled for the refund of his token money as in the event of non-performance of contract, all the monies received by either of the parties should be refund/ returned.
Hardik · 9 Jul 2024
Section 56 and 65
ADITYA · 9 Jul 2024
Yes Mr. J is entitled fot refund
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