Indian Contract Act,1872
Act No : 9
Section : Agreement to do impossible act
56. Agreement to do impossible act. An agreement to do an actimpossible in itself is void. Contract to do act afterwards becoming impossible or unlawful.-Acontract to do an act which, after the contract is made, becomesimpossible, or, by reason of some event which the Promisor could notprevent, unlawful, becomes void when the act becomes impossible orunlawful.2* Compensation for loss through non-performance of act known to beimpossible or unlawful.-Where one person has promised to do somethingwhich he knew, or, with reasonable diligence, might have known, andwhich the promisee did not know, to be impossible or unlawful, suchpromisor must make compensation to such promisee for any loss whichsuch promisee sustains through the non-performance of the promise. Illustrations (a) A agrees with B to discover treasure by magic. Theagreement is void, (b) A and B contract to marry each other. Before the time fixedfor the marriage, A goes mad. The contract becomes void. (c) A contracts to marry B, being already married to C, andbeing forbidden by the law to Which he is subject to Practisepolygamy, A must make compensation to B for the loss caused to her bythe non-performance of his promise. (d) A contracts to take in cargo for B at a foreign port. A'sGovernment afterwards declares war against the country in which theport is situated. The contract becomes void when war is declared. (e) A contracts to act at a theatre for six months inconsideration of a sum paid in advance by B. On several occasions A istoo ill to act. The contract to act on those occasions becomes void.
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