Question

Raj signs a contract to perform at a music festival. A few days before the festival, Raj develops a severe illness and doctors advise him complete rest. He misses the performance. Organisers of the event had to cut a sorry figure as Raj’s performance was the highlight of the music festival.
Which of the given statements best describes Raj’s inability to perform at the festival?

• A. It is breach of contract as Raj failed to fulfill his obligation.
• B. It is discharge due to impossibility of performance because the illness makes performance impossible.
• C. It is discharge by performance as Raj was willing to perform if he hadn’t been ill.
• D. It is breach of contract as a health issue does not discharge a contract.

Hint:

Contracts can be discharged if performance becomes impossible due to uncontrollable events like illness in personal service contracts.

Answer 1

The Correct Option is B

According to the doctrine of supervening impossibility under contract law, if an unforeseen event occurs after the formation of a contract which makes the performance impossible through no fault of either party, then the contract is discharged. Illness of a person required to perform personally under the contract is a valid ground for discharge.
Option (A) is incorrect because Raj’s non-performance was not willful or negligent.
Option (B) is correct because Raj’s illness rendered the performance legally and physically impossible.
Option (C) is incorrect—mere willingness doesn't discharge a contract; actual impossibility does.
Option (D) is incorrect because certain health conditions can legally discharge a personal service contract.