Question:medium

There was a contract to supply oil-seeds. But the Government rendered the sale and purchase of oil-seed illegal under the Defence of India Rules. Identify the effect.

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Remember the key grounds for frustration of contract under Section 56: destruction of subject matter, death or incapacity of a party (in personal contracts), and supervening illegality (change in law). The result is that the contract becomes void and parties are discharged.
Updated On: Jul 13, 2026
  • Party at default is held liable
  • Both parties are discharged from the performance of such contract
  • Both parties are directed specific performance of the contract
  • None of the above
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The Correct Option is B

Approach Solution - 1

This is a straightforward application of the doctrine of supervening illegality under Section 56 of the Contract Act, once you identify that the contract was legal when signed but became illegal afterward.

  1. Party at default is held liable: there is no fault involved here, the restriction came from a change in government policy, not from either party's conduct, so this does not apply.
  2. Both parties are discharged from the performance of such contract: Section 56 makes a contract void the moment its performance becomes unlawful due to a subsequent event beyond the parties' control, which releases both sides from their obligations.
  3. Both parties are directed specific performance of the contract: courts do not order performance of something that has become unlawful, that would defeat the very restriction the government imposed.
  4. None of the above: since Section 56 gives a clear, specific answer to this exact fact pattern, this option is not needed.

The correct answer is Both parties are discharged from the performance of such contract.

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Approach Solution -2

It helps to notice what kind of impossibility is being described, this is not a case of natural disaster or death making performance physically impossible, it is a case where the state itself has stepped in and made the very subject matter of the contract illegal to trade in.

  1. Both parties are directed specific performance of the contract: ordering performance here would mean directing the parties to do something the government has expressly prohibited, which no court would do.
  2. Party at default is held liable: holding a party liable presumes they broke a valid, still-lawful obligation, but the obligation itself stopped being lawful through no fault of either party.
  3. None of the above: this is unnecessary once a specific rule of law is shown to cover the exact fact situation described.
  4. Both parties are discharged from the performance of such contract: when the rule on supervening illegality applies, the effect is automatic, the contract becomes void the moment performance becomes unlawful, and neither party can be compelled to perform or penalised for not performing, they are simply discharged.

Since the government's own action made the transaction illegal after the contract was formed, both sides are released, so the correct answer is Both parties are discharged from the performance of such contract.

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