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This paper is a detailed description of where the term doctrine of frustration came from in the Indian Contract Act and how necessary it is to have it. The Indian Contract Act has absorbed the doctrine of frustration under section 56 of the Indian Contract Act 1872.The doctrine of frustration paves the way for a just consequence of such an unfortunate event, which has happened without any fault of the contracting parties. The doctrine fills the void in a contract regarding supervening events, based on principles of fairness and equity. Considering the large implications on the obligatory and binding nature of a valid contract, it becomes important to analyse the factors that guide the courts to determine its application. However, the evolution of this doctrine in India has been greatly influenced by English law.
Keywords:
doctrine of frustration, impossibility, illegality, impracticability, Indian contract law, performance, English law, agreement
Cite Article:
"Legal Aspects of Doctrine of Frustration: An Analytical Study during Covid 19", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.8, Issue 11, page no.471 - 478, November-2023, Available :http://www.ijrti.org/papers/IJRTI2311064.pdf
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000205119
ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator