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Mukkaramkad Shaji (AGM (HR and Legal))     05 December 2009

Doctrine of Frustration

Hi all,

i'm newly joined this forum.............need to get clari on doctrine of frustration in contract .  The issue is our org had entered into a contract of building residential complex for the cient and there is a deadline for the same.  Due to the involvement of local syndicates it is not possible for us to live upto the commitment in the contract.

Will the syndicate involvement suffice to prove doctrine of frustration for extension of time and not to invoke pernalty clause by our client???

rgds,

Shaji



Learning

 1 Replies

N.K.Assumi (Advocate)     05 December 2009

The doctrine of frustration is really an aspect or part of the law of discharge of contract by reasons of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the Contract Act.


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