X & Y agreed to marry each other on a certain date & before that X goes mad. Y cancelled the contract & sued for damages
Verified Answer
A. Can on account of x's going mad, the contract is frustrated & void and Y has no right to sue for damage
B. The contract itself is void
C. Y is guilty of breach of contract
D. No cause of action arises till date of marriage
Explanation:
This is a classic example of frustration of contract due to supervening impossibility, as per Section 56 of the Indian Contract Act, 1872. A contract to marry is based on the personal capacity of the parties. If one party becomes insane before the performance, the contract becomes impossible to perform and thus becomes void. When a contract is frustrated and becomes void, it is discharged, and neither party can generally sue for damages for its breach.