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Report No. 17

90. Section 84.- No change.

91. In the report of the Law Commission on the Indian Contract Act, it was observed:

"The doctrine underlying section 84 of the Trusts Act is obviously different. But the conditions for the application of the rule are the same in the Trusts Act as under the principle of quasi-contract and the result is similar. The extension of the provision in section 84 to include the contractual aspect would result in the advantage of having a comprehensive provision relating to the subject of frustration of an illegal purpose instead of having two parallel provisions in two separate enactments. The title of the Chapter of the Trusts Act in which section 84 is included is also wide enough to admit of the extension, inasmuch as it does not deal with cases of trusts proper but of `Certain Obligations in the nature of trusts'."1

On further consideration we think that this provision should be inserted in the Contract Act. We recommend that this may be borne in mind when the Contract Act is amended.

1. 13th Report, para. 100.

Trusts Act, 1882 Back

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