It is clear from the foregoing that non-compliance with any of these conditions by one of the parties invalidates an agreement. These conditions are: – It is said that an agreement to do an act impossible in itself is not valid. For example – Tina agrees with Kapil to discover a treasure by magic, impossible performance is absurd. (a) it provides that, in the event of an infringement, any agreement which prevents an injured party from asserting its rights of intercession before a court of competent jurisdiction or from limiting the period within which it may do so is an inconclusive agreement. In other words, an agreement is an accepted proposal. A contract is an agreement; an agreement is a promise and a promise is an accepted proposal. Thus, in its final analysis, each agreement is the result of a proposal by one party and its adoption by the other. A second category of impossibility refers to contracts that are valid at the beginning but later become invalid due to an act or event beyond the control of the parties. Such an impossibility is called impossibility to occur.
Such an impossibility also has the consequence that a contract becomes null and void. In § 2 of p.56, such an impossibility was discussed. English common law establishes the responsibility on a person to fulfill his promise without any qualification. If the parties consider that the performance of the contract could be impeded in order to limit their obligation or to qualify the agreement, they may impose such conditions as they deem appropriate. But a condition does not always have to be expressed in words. The conditions that must be met for the effective performance of the contract also apply. If an event occurs which is beyond the control of the contracting parties and the performance of the contract is made impossible by this event, the parties are released from their debts from the performance of their obligations. A contract is declared null and void according to the principle of impossibility of occurring if one of the following positions arose through no fault of the promiser: Exception 2: This exception refers to agreements that the parties refrain from going to court, but in the event of a dispute, they refer them to arbitration.
. . .