ANALYTICAL STUDY OF DIMENSIONS OF PRINCIPLE OF FRUSTRATION IN INDIAN CONTRACT LAW SYSTEM

Abstract

Initially the Indian courts including the Privy Council appear to hold the opinion that the law under section 56 is not exhaustive on the subject. However with the passage of time and their repeated dealings with the provisions of section 56, the courts appear to have changed their opinion. In view of the provisions of section 56, the Indian law on the subject appears to be comparatively on a more sound footing than the English Law. The Indian courts have developed it seeming on more correct lines by the process of interpretation. The part played by the Supreme Court, placed it on a comparatively clear foundation through its remarkable judicial craftsmanship and interpretation. The law has thus crystallized itself into a clear form and whatever ambiguity there had been in the past has been settled substantially in the application of the doctrine