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Contracts/Impossibility
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
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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 £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. Although, Joey still may be able to sue for restitution for the benefit conferred to Rachel prior to the burning down of the house.
The English case which established this doctrine at common law is Taylor v. Caldwell.
Related to science
- Impossiblity by John D. Barrow ©1998 ISBN 0-09-977211-6 - Investigates the limits of science and the science of limits.
