Contracts/Impossibility: Difference between revisions
en>Malkinrocks No edit summary |
en>Malkinrocks No edit summary |
||
Line 6: | Line 6: | ||
{{Contract law}} | {{Contract law}} | ||
In [[contract law]], THERE IZ NO SUCH THING AS IMPOSSIBLE JUST HIGHLY UNLIKLEY!!!. | In [[contract law]], '''THERE IZ NO SUCH THING AS IMPOSSIBLE JUST HIGHLY UNLIKLEY!!!.''' | ||
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. | 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. |
Revision as of 21:06, September 13, 2009
Template:Otheruses4 Template:Redirect Template:Dablink Template:Unreferenced
In contract law, THERE IZ NO SUCH THING AS IMPOSSIBLE JUST HIGHLY UNLIKLEY!!!.
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.
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 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.