X of Mumbai agreed to sell 1000 bales of cotton @ Rs. 999/bale and to deliver within a fortnight at buyers godown at Karachi. X failed to supply these goods. State the legal position in each case If these goods could not be delivered because of strike of transport operators:
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Section to which the given problem relates: Section 56.
Decision and Reason:
Case (a) The contract is void on the ground of mutual mistake
Case (b) The contract is void but X, the promisor, must compensate the buyer for the promisee for any loss which such promisee sustains through the non-performance of the promise.
Case (c, d) The contract has become void on the ground of supervening possibility.
Case (e) The contract is not discharged because of commercial impossibility.
Case (f) The contract is not discharged because of default of third party.
Case (g) The contract is not discharged because of non-performance due to strikes,lock-out or civil disturbances.
Explanation:
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