Source: RTP,Dec20225 Marks
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Question Scenario

What will be rights with the promisor in following cases? Explain with reasons: a) Mr. X promised to bring back Mr. Y to life again. b) A agreed to sell 50 kgs of apple to B. The loaded truck left for delivery on 15th March but due to riots in between reached A on 19th March. c) An artist promised to paint on the fixed date for a fixed amount of remuneration but met with an accident and lost his both hands. d) Abhishek entered into contract of import of toys from China. But due to disturbance in the relation of both the countries, the imports from China were banned.

Estimated Writing Time: 9 mins Try in Practice Mode

Suggested Answer

a) The contract is void because of its initial impossibility of performance. b) Time is essence of this contract. As by the time apples reached B, they were already rotten. The contract is discharged due to destruction of subject matter of contract. c) Such contract is of personal nature and hence cannot be performed due to occurrence of an event resulting in impossibility of performance of contract. d) Such contract is discharged without performance because of subsequent illegality nature of the contract.

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

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