Where the performance of the contract becomes impossible subsequent to the formation of the contract, performance will be excused. However this would not be the position if the performance was made impossible owing to the negligence or default of any of the parties to contract. It is also not excused where the parties expressly contract with reference to the occurrence of the supervening event.  Where the promise is capable of being performed in itself, the promisor cannot be excused from his obligation to perform by stating that the inability to perform was due to circumstances beyond his control. A party will also be excused from performance, if subsequent to the promise an act is passed by the State or event occurs, thus rendering the performance illegal. In case two alternative promises, where one of the promises becomes impossible, the promisor will have to perform the other promise. Where after making two promises the promisor elects to perform one of them, the impossibility of performance of that promise will not excuse the promisor from performing the other.

What is The Implied Condition in a Contract of Sale

In every contract of sale, unless there is an agreement to the contrary, the first implied condition on the part of the Seller is that in case of a Sale, the seller has the
right to sell the goods and in case of an agreement to sell, the seller will have the right to sell the goods at the time when the property is to pass.

What are The Different Modes of Negotiation of an Instrument

There are two modes of Negotiating a Negotiable Instrument. The first being Negotiation by Delivery. A negotiable instrument payable to bearer is negotiable
by delivery thereof. The delivery may be actual or constructive. A bearer instrument does not require the signature of the transferor. The instrument should be delivered with the intention of transferring property in the instrument and the delivery must be voluntary and absolute. The second mode is Negotiation by endorsement and delivery. A negotiable instrument payable to order is negotiable by the holder by endorsement and delivery thereof. Thus for an instrument payable to order, two things are necessary, endorsement and delivery. If an instrument is endorsed but it is not delivered, then there is no negotiation

By LawZ Bureau,