Part Performance of Contract.
Law:- S. 13 SRA, 1877.
** Notwithstanding section 56 of the Contract Act,
1.The subject of contract has partially ceased to exist .
2- Whole contract is impossible of performance.
3.The whole subject must be existing at its date,
4. The incapable of performance portion Ceased to exist at the time of the performance.
Illustrations
(a) A contracts to sell a house to B for a lakh of taka. The day after the contract is made the house is destroyed by a cyclone. B may be compelled to perform his part of the contract by paying the purchase-money.
(b) In consideration of a sum of money payable by B, A contracts to grant an annuity to B for B's life. The day after the contract has been made, B is thrown
from his horse and killed. B's representative may be compelled to pay the purchase-money.
(a) A contracts to sell a house to B for a lakh of taka. The day after the contract is made the house is destroyed by a cyclone. B may be compelled to perform his part of the contract by paying the purchase-money.
(b) In consideration of a sum of money payable by B, A contracts to grant an annuity to B for B's life. The day after the contract has been made, B is thrown from his horse and killed. B's representative may be compelled to pay the purchase-money.
