Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

Role of Doctrine Of Frustration In Indian Contract Law

Cite this Article

Saif Alam (2025). Role of Doctrine Of Frustration In Indian Contract Law. The Indian Journal for Research in Law and Management, Volume II(Issue 12). Retrieved from https://ijrlm.com/journal/role-of-doctrine-of-frustration-in-indian-contract-law/

Abstract

The Indian Contract Act of 1872 states doctrine of frustration which is a significant exception to the rule of sacredness of contracts. In India, any such circumstance that falls short of impossibility is defined by section 56 of the Indian Contract Act 1872. It deals with contract which aligns with unexpected and unforeseen circumstances that make it impossible or unlawful for parties to perform such type of contract. This research paper studies the Indian legal system's changing nature and effort of balancing the enforceability of contracts and fairness in the face of changing circumstances by this doctrine. Declaring the law of frustration is easy on paper but putting it into practice is extremely difficult. A contracting party may seek relief from its obligations under the common law doctrine of frustration if the contract lacks a force majeure clause. Thus, this research paper also concludes with an example of such contract, for example, the unprecedented event of Covid-19, which impacted the performance of contracts.

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The Indian Journal for Research in Law and Management
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