IllustrationIV Of the performance of contractsVerified
An to do an in itself is void.
Contr to do an afterwards becoming or unlawful.—A contr to do an which, after the contr is made, becomes , or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the becomes or unlawful.1
Compensation for loss through non-performance of known to be or unlawful.—Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know, to be or unlawful, such promisor must make compensation to such promisee for any loss which such promisee sustains through the nonperformance of the promise.
Illustrations
(a) A agrees with B to discover treasure by magic. The is void:
(b) A and B contr to marry each other. Before the time fixed for the marriage,. A goes mad. The contr becomes void.
(c) A contrs to marry B, being already married to C, and being forbidden by the law to which he is subject to prise polygamy, A must make compensation to B for the loss caused to her by the non-performance of his promise.
(d) A contrs to take in cargo for B at a foreign port. A's Government afterwards declares war against the country in which the port is situated. The contr becomes void when war is declared.
(e) A contrs to at a theatre for six months in consideration of a sum paid in advance by B. On several occasions A is too ill to . The contr to on those occasions becomes void.
