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Raj patel (16BE01050) Rutvik modi (16BE01055)

Deep patel (16BE01051) Nisarg shah (16BE01056)


Smith poojara (16BE01053) Drashti shiyal (16BE01057)
Sonali rana (16BE01054) Vrunda solanki(16BE01058

Mr. Rahul Athale


PARADINE V/S JANE

 The plaintiff agreed to let out his residential premises to the


defendant. Due to outbreak of war, the defendant could not
occupy the premises.
 The court held that defendant is liable to pay the rent.
 The concept of supervening impossibility is known as
doctrine of frustration.
Destruction of Non occurrence of
subject matter expected events

Doctrine

Government
regulations Unavailability
Promise to give marriage hall

A B

The hall is burnt by fire


Books the flat of Mr. B from
which match can be viewed
Mr. A Mr. B

The match is cancelled due to


damage on pitch by some
Hooligans
Agree to supply liquor

A B

Government bans the the sale of liquor


• Future obligations are put to an end
1
• In respect of obligations already incurred, a
right of compensation accrues to the party
2 performing the obligation
 Novation
substituting a new contract Replacing original
parties for old contract.

 Terminates the rights and duties of original parties


under old contract.
a valid new
agreement
discharge of
prior
all parties obligation
agree to
Valid prior substitute a
agreement new contract
PERSON A Rs. 1000 PERSON B Rs.1000 PERSON C

B has to take 1000 rupees from C and B has to give 1000 rupees to A
B orders C to directly give 1000 rupees to A on behalf of B.
CREDITOR
DEBTOR

If “Person A “ provides money to “Person B “ then “Person B” have to repay the


money to “Person A “
Here “Person A” is Creditor and “Person B” is Debtor.
1st CONTRACT Rs.50,000

2nd CONTRACT Rs.20,000

3st CONTRACT
Rs.10,000
PERSON A
PERSON B
 Where payment of debt to be discharged is indicated (sec. 59)
 Example : In this case, payment of Rs.5000 repay by “PERSON B” to
“PERSON A” is indicated that person A has to deduct Rs.5000 from 3rd
contract.

Rs.5000

3rd Contract
PERSON A PERSON B
 Where payment of debt to be discharged is not indicated (sec. 60)
 Example : In this case, payment of Rs.5000 to be repaid by “PERSON B”
to “PERSON A” is not clearly mentioned towards a particular contract, so
person A can deduct that Rs.5000 from any contract i.e from 1st , 2nd or 3rd.

Rs.5000

Not indicated
PERSON A PERSON B
from which
Deduct from contract
any contract
 Where the debtor does not intimate and the creditor fails to appropriate (sec. 61)
 Example : In this case, payment of Rs.5000 to be repaid by “PERSON B” to
“PERSON A” from a specific contract is not clearly known by “PERSON B” and
“PERSON A”, then 1st debt shall be deemed to be repaid first i.e person A will surely
deduct that Rs.5000 from 1st. Contract.

Rs.5000
Not indicated
PERSON A from which PERSON B
contract
Fails to choose from which
contract he can deduct so in
this case compulsorily he can
deduct from 1st contract
Krell v Henry [1903] 2 KB 740

 The plaintiff hired a flat to the defendant for 26 and 27 June 1902.
 The defendant intended to use the flat in order to watch and celebrate the
 coronation procession of Edward VII which would pass by the flat.
 No mention of this purpose was made in the contract. A prepayment of
 one-third of the rent was made.
 Due to the sudden illness of the King the coronation procession was
cancelled and the defendant refused to pay the balance of the rent owing.
 It was held that the plaintiff could not recover these moneys since the
contract had been frustrated by the cancellation of the procession.
 The court found that the procession and the position of the flat formed the
objective of the contract which was thus frustrated and discharged as a
result.
Flat

Prepayment of one-third of the rent

Plaintiff (Krell)
Defendant (Henry)

Coronation procession of Edward VII


Flat

Cancelled
Plaintiff (Krell)
Defendant (Henry)

Coronation procession of Edward VII


Krell approaches to
court, and request to
consider his appeal

Plaintiff (Krell)
The court held that krell
could not recover
remaining balance.

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