Question

Raj signs a contract to perform at a music festival. A few days before the festival, Raj develops a severe illness and doctors advise him complete rest. He misses the performance. Organisers of the event had to cut a sorry figure as Raj’s performance was the highlight of the music festival.
Which of the given statements best describes Raj’s inability to perform at the festival?

• A. It is breach of contract as Raj failed to fulfill his obligation.
• B. It is discharge due to impossibility of performance because the illness makes performance impossible.
• C. It is discharge by performance as Raj was willing to perform if he hadn’t been ill.
• D. It is breach of contract as a health issue does not discharge a contract.

Hint:

Contracts can be discharged if performance becomes impossible due to uncontrollable events like illness in personal service contracts.

Answer 1

The Correct Option is B

Under the contract law doctrine of supervening impossibility, a contract is discharged if an unforeseen event, occurring post-contract formation, renders performance impossible without fault of either party. Personal illness of a party obligated to perform personally is a valid reason for discharge.
Option (A) is incorrect as Raj's failure to perform was neither willful nor negligent.
Option (B) is correct because Raj's illness made performance legally and physically impossible.
Option (C) is incorrect; actual impossibility, not mere willingness, discharges a contract.
Option (D) is incorrect as specific health conditions can legally terminate a personal service contract.