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Contracts/Impossibility: Difference between revisions
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{{ContractLaw}} | {{ContractLaw}} | ||
'''Impossibility''' is an excuse for non-performance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances) 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. | '''Impossibility''' is an excuse for non-performance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances) 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 $500 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 $500, and he is excused from the duty to paint her house. | For example, if Rachel contracts to pay Joey $500 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 $500, and he is excused from the duty to paint her house. | ||
Revision as of 14:06, May 9, 2006
Template:ContractLaw Impossibility is an excuse for non-performance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances) 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 $500 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 $500, and he is excused from the duty to paint her house.
The English case which established this doctrine at common law is Taylor v. Caldwell.
