An agreement to do an act impossible in itself under section 56 is a legal provision that can have significant implications for contract law. In simple terms, Section 56 of the Indian Contract Act states that an agreement that is impossible to perform cannot be enforced by law. Here, we will take a closer look at this provision and its impact on contract agreements.
The Indian Contract Act, 1872, is a law that governs all kinds of contracts in India. According to section 56 of the act, an agreement to do an act that is impossible in itself is void. This means that no contractual obligation can be imposed on the parties to such an agreement. This provision applies to both express and implied contracts, and it is essential to understand its implications while drafting and reviewing contracts.
The provision of Section 56 is based on the principle of impossibility. This means that if an act is impossible to perform, then it cannot be enforced. However, this impossibility has to be of an objective nature. For example, if a contract promises the delivery of goods, but the goods are destroyed in a fire before the delivery, then the performance of the contract becomes impossible, and the contract becomes void.
Moreover, section 56 of the Indian Contract Act also distinguishes between two types of impossibility. The first type of impossibility is known as physical impossibility, which refers to a situation where the object of the contract cannot be physically performed. For example, if one party agrees to deliver a specific item, but that item does not exist, then the contract is considered physically impossible.
The second type of impossibility is known as legal impossibility, which arises when the object of the contract is illegal. For example, if a contract is entered into for the purpose of committing a crime, then the contract is considered legally impossible and void.
It is important to note that Section 56 of the Indian Contract Act only applies to agreements that are impossible to perform. If an agreement can be performed, but the performance is difficult or uneconomical, then the contract is still legally binding. Thus, it is essential to understand the difference between impossibility and difficulty in performance.
In conclusion, Section 56 of the Indian Contract Act is a crucial provision that governs the enforceability of contracts. It ensures that contracts are entered into with realistic and standard objectives, and any agreement that is impossible to perform is void. As a professional, it is vital to ensure that contracts comply with this provision to avoid any legal issues that may arise from breach of contract.