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Here we are providing you updated and most relevant Study notes on Contract of Void Contract for Law Entrance Exam. These study notes are highly recommendable for all those who aspire to crack CLAT, DULLB, AILET and other Law Entrance Exam.
This is a contract, which was originally valid, but subsequently, becomes void due to circumstances beyond the control of the parties. This is termed as supervening impossibility or doctrine of frustration.
Doctrine of frustration
A provision in the legal system for the discharge of a contract, where, subsequent to its formation a charge of circumstances renders the contract legally or physically impossible, is known as the doctrine of frustration. It covers all cases where the agreement has been terminated by supervening events beyond the contract of either party.
Cases When A Valid Contract Turns Void:
(a) Upon cancellation of a voidable contract
(b) Upon a contract becoming subsequently void
(c) Upon one of the parties becoming mentally unsound
(d) Upon one of the party’s demise [Only in the case of personal contract]
(e) Upon one of the parties becoming enemy alien.
(f) Upon the destruction of subject matter in a contract.
(g) Upon the change in legislation by the government.
In all the above cases we term it as void contract
For example- ‘A’ owner of a marriage hall accepted booking for a marriage at his hall but a day before marriage the hall was destroyed by fire. The contract becomes void as it is impossible to perform marriage after the destruction of subject matter.
Remember there is indeed a difference between a void contract and avoid agreement.
You can also try the following Practise question.
Practice Exercise:
1. A contract which was originally valid but becomes void due circumstances that are beyond the control of the parties is known as
A. Valid contract
B. Voidable contract
C. Void contract
D. None of the above
Ans: C
2. A provision in the legal system for the discharge of a contract where subsequent to its formation a charge of circumstances renders the contract legally or physically impossible, is known as
A. Doctrine of frustration
B. Supervening impossibility
C. Both A. and B.
D. None of the above
Ans: C
3. Cases When A Valid Contract Turns Void:
A. Upon cancellation of a voidable contract
B. Upon a contract becoming subsequently void
C. Upon one of the parties becoming mentally unsound
D. All of the above
Ans: D
4. Akash decides to buy a horse from Mrs Maya. The horse has died a month before making the contract. This is a
A. Valid contract
B. Void contract
C. Voidable contract
D. None of the above
Ans: B
5. Maya enters into a contract with Spiderman from Spider land. After a few months, Spider land is declared as an enemy country. This contract is
A. Void
B. Valid
C. Voidable
D. None of the above
Ans: A
6. Sunder enters into a contract with the Government to manufacture arms and ammunition. Subsequently, the Government passes an order that no private party can manufacture arms and ammunition. This is a
A. Valid contract
B. Void contract
C. Voidable contract
D. None of the above
Ans: B
7. ‘A’ owner of a marriage hall accepted booking for a marriage at his hall but a day before marriage the hall was destroyed by fire. Contract is
A. Void
B. Voidable
C. Valid
D. None of the above
Ans: A
8. One of the parties becoming mentally unsound makes the contract
A. Void
B. Voidable
C. Valid
D. None of the above
Ans: A
9. Tommy enters into a contract with Prem to sell ganja. This is a
A. Void contract
B. Voidable contract
C. Valid contract
D. None of the above
Ans: A
10. A shopkeeper sells cigarettes to Mr X who is above 18 years of age. This is
A. Void
B. Voidable
C. Valid
D. None of the above
Ans: C
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