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MARY versus STATE OF KERALA


Section frustration 56 The theory of frustration results from the failure of the legal contract mentioned in the contract to make the legality contract impossible. However, the disappointment theory would apply even if in some shops the appellant was the successful bidder in tender for the right to sell. According to the relevant legal rules regarding the disposal of shops through auction (auction rules), the area was against the establishment of the Arch Shop due to religious sentiment. Residents of the area offered physical resistance to the opening of shops and law enforcement agencies could not assure that the business was formally operated. Appellant believed it was impossible to operate this arc. The Purchaser and he wrote to the Administrative Authority, requesting him not to confirm the sale in his favor as it was impossible for him to execute this privilege for reasons beyond his control. It also requested a refund of the amount already paid so that the proposed contract could be considered as a dismissal department. Due to the auction rules, the petitioner rejected the refund request which allowed the state to collect the entire amount, moreover, notice for the applicant to deposit the remaining amount and enter into a permanent agreement. For the determination of the legality issue, in the present case, it was whether the appellant could emphasize the doctrine of disappointment or impossibility or whether he would be bound by the terms of the legal contract, Usually excluded from further performance

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