B hires a marriage hall from C. The hall was accidentally burnt down even before the marriage took place. B files a suit against C. Advise to C.
C can successfully resist the suit filed by A as the contract has become void due to a supervening impossibility as under Sec. 56 – Para 2 of the Indian Contract Act.
Supervening impossibility means an impossibility which arises subsequent to the formation of the contract and before the date of performance of the contract.
The above case, C has let out the marriage hall to B and even before the date of marriage, the hall was accidentally burnt and hence the contract has become impossible of the performance due to the supervening impossibility. So the contract becomes void.
The facts of the case resemble Taylor Vs. Caldwell, (1863) 3 B & S 826, where the subject matter of the contract, subsequent to its formation, was destroyed without the fault of the contracting parties and hence the contract gets discharged due to impossibility.