Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Editing Contracts/Impossibility
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 1: | Line 1: | ||
{{ | {{about|the excuse for non-performance of a contract|the criminal defense|Impossibility defense}} | ||
{{dablink|See [[modal logic]] for logic which discusses impossibility, [[contingency]] and [[necessity]]}} | |||
{{unreferenced|date=September 2007}} | |||
{{Contract law}} | |||
In [[contract law]], '''impossibility''' is an excuse for the nonperformance of duties under a [[contract]], based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract, that makes performance of the contract literally impossible. For such a defense to be raised, performance must not merely be difficult or unexpectedly costly for one party; there must be no way for it to actually be accomplished. | |||
For example, if Rachel contracts to pay Joey $1000 to paint her house on October 1, but the house burns to the ground before the end of September, Rachel is excused from her duty to pay Joey the $1000, and he is excused from his duty to paint her house; however, Joey may still be able to sue for the [[unjust enrichment]] of any benefit conferred on Rachel before her house burned down (e.g. if Rachel paid Joey in advance, then the amount of payment might be a compensatory injury). | |||
The [[English law|English]] case that established | However, the parties to a contract may choose to ignore impossibility by inserting a [[hell or high water clause]], which mandates that payments continue even if completion of the contract becomes physically impossible. | ||
The [[English law|English]] case that established this doctrine at [[common law]] is ''[[Taylor v. Caldwell]].'' | |||
==See also== | ==See also== | ||
Line 17: | Line 20: | ||
* [[Hell or high water clause]] | * [[Hell or high water clause]] | ||
* [[Mutual assent]] | * [[Mutual assent]] | ||
<references/> | |||
[[Category:Common law]] | |||
[[Category:Contract law]] | |||
[[Category:Equitable defenses]] | |||
[[de:Unmöglichkeit (BGB)]] |