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Contracts/Impossibility: Difference between revisions
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'''"Doctrine of Impossibility"''' is an excuse for non-performance 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. | '''"Doctrine of Impossibility"''' is an excuse for non-performance 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 | 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 the duty to paint her house; however, Joey may still be able to sue for restitution of the benefit conferred on Rachel before her house burned down. | ||
The [[England|English]] case | The [[England|English]] case that established this doctrine at [[common law]] is ''[[Taylor v. Caldwell]].'' | ||
==Related to science== | ==Related to science== | ||
Revision as of 14:57, June 6, 2007
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"Doctrine of Impossibility" is an excuse for non-performance 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 the duty to paint her house; however, Joey may still be able to sue for restitution of the benefit conferred on Rachel before her house burned down.
The English case that established this doctrine at common law is Taylor v. Caldwell.
Related to science
- Impossibility by John D. Barrow ©1998 ISBN 0-09-977211-6 - Investigates the limits of science and the science of limits.
