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Contracts/Impossibility: Difference between revisions
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| {{unreferenced|date=September 2007}}
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| {{ContractLaw}}
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| {{dablink|"Impossible" redirects here. For other uses, see [[Impossible (disambiguation)]].}}
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| {{dablink|See [[modal logic]] for logic which discusses impossibility, [[contingency]] and [[necessity]]}}
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| 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.
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| 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.
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| The [[England|English]] case that established this doctrine at [[common law]] is ''[[Taylor v. Caldwell]].''
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| ==Related to science==
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| * Impossibility by [[John D. Barrow]] ©1998 ISBN 0-09-977211-6 - Investigates the limits of science and the science of limits.
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| ==See also==
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| * [[Impossibility defense]]
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| * [[Contract law]]
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| * ''[[Force majeure]]''
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| * [[Hardship clause]]
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| * [[Hell or high water clause]]
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| * [[Mutual assent]]
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| [[Category:Common law]]
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| [[Category:Contract law]]
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Revision as of 22:02, June 29, 2008
