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Mansi Shirodkar (student)     28 February 2013

Breach of contract

A(18 yrs), signed a contract with B for a movie in jan 2000, for period of 5 yrs exclusively, for 10 lacs per yr. 40% production was completed when B suffered a paralytic stroke on nov 2001. A was paid for 2 yrs. In 2002 april seeing the project hampered A contracted with C who decided to launch her in his forthcoming venture. A decided to object this contract.

Kindly suggest me the relevent case law and advice.



Learning

 4 Replies

JT Rajasuriya, Chennai (Advocate 98410 53790)     28 February 2013

I don't know why you are asking for a case law - is it for academic purpose? Otherwise, only a fairly good lawyer can handle these types of matters.

Mansi Shirodkar (student)     01 March 2013

Yes it is for academic purpose. cant find any similar case law.

Jatinder Singh (Practising Advocate)     05 March 2013

Your query is not framed correctly, as I see it. You are stating that A entered into the subsequent contract with C and then saying that A only objected to it. How is that factually correct? You may rephrase, as necessary.


(Guest)

@Querist,

 

Due to parlytic stroke, the performance of the contract became impossible within a reasonable time,not matter time is an essence of the contract or not.It became voidable at the option of A.

 

B cannot object to the contract between A and C since it's not possible for him now to discharge his obligation.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,


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