(1) If there is a fundamental change in the circumstances of the contract and it is impossible to comply with the contract, then the work according to the contract shall not be performed.
(2) Without prejudice to the generality of sub-section (1), if there is any of the following conditions, it shall be considered that there has been a fundamental change in the circumstances of the contract:
(a) If the contract is illegal and unenforceable,
(b) If circumstances beyond human control such as war, floods, landslides, fires, earthquakes, volcanoes occur and it is not possible to fulfill the contract,
(c) if the thing necessary for the performance of the contract is destroyed or destroyed, ceases to exist or if such thing cannot be obtained,
(d) In case of a contract to provide services through personal ability, competence or talent, if the person providing such service dies, if he is absent from the address or if he is unable to complete the contract due to his physical or mental disability.
(3) Notwithstanding anything contained in sub-section (2), there shall not be deemed to be any fundamental change in the circumstances under which the contract was entered into in any of the following cases:
(a) If there is difficulty in performing the contract,
(b) If performance of the contract results in low profit or loss,
(c) If the party performing the contract is dependent on a third party who is not a party to such contract, such third party makes a mistake or is incapacitated,
(d) In case of strike or lockout,
(e) If additional taxes, duties or any other revenue are payable,
(f) If there is an agreement for more than one purpose, none of them is fulfilled.
(4) If the situation under sub-section (3) arises, the parties may negotiate to review or modify the terms of the contract, unless otherwise stipulated in the contract.
(5) According to sub-section (2), if there is a fundamental change in the circumstances and it becomes impossible to comply with the contract, the following shall be done as follows:
(a) to repay to the other party the amount paid by one party to the contract before such change in circumstances,
(b) Taxes(a) where the amount due or payable by one party to the other party becomes payable after such change in circumstances,
(c) If any party has done any work or paid the amount before such change in circumstances, the amount to be given to each other should be determined based on such work or amount and the reasonable expenses incurred by one party for such agreement may be charged from the other party.
(6) Notwithstanding anything else written in this section, the parties to the contract may agree to continue the performance of the contract and fulfill their obligations after the termination of the circumstances of clause b) of sub-section (2).