Editing Contracts/Impossibility
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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 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. | ||
In common law, for the defense of "impossibility" 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; however, it is beginning to be recognized that "impossibility" under this doctrine can also exist when the contemplated performance can be done but only at an excessive and unreasonable cost, i.e., commercial impracticability.<ref>See | In common law, for the defense of "impossibility" 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; however, it is beginning to be recognized that "impossibility" under this doctrine can also exist when the contemplated performance can be done but only at an excessive and unreasonable cost, i.e., commercial impracticability.<ref>See e.g. ''Transatlantic Financing Corp. v. United States'', [[Case citation|363 F.2d 312]] ([[United States Court of Appeals for the District of Columbia Circuit|D.C. Cir.]], 1966)</ref> On the other hand, some sources see "impossibility" and [[impracticability]] as being related but separate defenses. | ||
The [[English law|English]] case that established the doctrine of impossibility at [[common law]] is ''[[Taylor v. Caldwell]].''<ref>3 B.&S. 826, 122 Eng.Rep. 309 (K.B. 1863) | The [[English law|English]] case that established the doctrine of impossibility at [[common law]] is ''[[Taylor v. Caldwell]].''<ref>3 B.&S. 826, 122 Eng.Rep. 309 (K.B. 1863)</ref> | ||
==See also== | ==See also== |