Agreement to do an impossible act is MCQ: What does it mean and how does it affect contracts?
Have you ever heard of the term “MCQ” when it comes to contracts? It stands for “Mistake, Coercion, and Quasi-Contract,” and it`s a legal concept that can affect the validity of a contract. One aspect of MCQ is the agreement to do an impossible act.
What does it mean to agree to do an impossible act?
In contract law, an agreement to do an impossible act is one that cannot be performed due to physical or legal impossibility. For example, if you agree to sell a house that doesn`t exist, or agree to perform a task that is physically impossible, such as flying without the aid of technology, the contract is considered void.
Why is an agreement to do an impossible act considered void?
The law requires that a contract be based on something that is possible and legal. If an agreement is impossible to perform, it cannot be executed, and therefore, constitutes a flawed agreement.
For a contract to be valid, all parties must be able to perform their obligations under the terms of the agreement. When one party agrees to do something that is impossible, there is no possibility that they can fulfill their obligation, which nullifies the entire contract.
How does the agreement to do an impossible act affect contracts?
An agreement to do an impossible act can lead to the discovery of other defects in a contract, which may result in the contract being voided entirely. This can happen when one party attempts to enforce the contract, and the other party argues that the agreement was based on an impossible task.
The concept of impossibility is also relevant in cases of frustration of purpose. This happens when a contract that was valid at the time of agreement becomes impossible to perform due to some unforeseen event, such as a natural disaster.
In these cases, the terms of the contract may be frustrated, resulting in the agreement becoming void. However, it is important to note that the frustration must not have been foreseeable at the time of agreement.
Conclusion
Agreeing to do an impossible act renders the contract void, and can lead to further issues with the validity of the agreement. It is important to ensure that all parties are capable of performing their obligations before entering into a contract. If there is any doubt about the feasibility of the agreement, it`s best to consult with a legal professional to ensure that it is valid and enforceable.