Editing Contracts Ayres/9th ed. Outline
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*** o Restatement 460: Promisor’s duty to perform is excused if the subject matter of the contract or the specified means for performance is destroyed or becomes nonexistent after the contract is entered into, without fault of the promisor. (Taylor) | *** o Restatement 460: Promisor’s duty to perform is excused if the subject matter of the contract or the specified means for performance is destroyed or becomes nonexistent after the contract is entered into, without fault of the promisor. (Taylor) | ||
*** o UCC 2-615: delay in delivery is not a breach if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which K was made. | *** o UCC 2-615: delay in delivery is not a breach if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which K was made. | ||
** | ** Taylor v. Caldwell () -- '''impossibility''' | ||
*** o Facts: Music hall burns down before show.''' Implied-in-fact condition''' = hall will exist. | *** o Facts: Music hall burns down before show.''' Implied-in-fact condition''' = hall will exist. | ||
*** o RULE: Both parties are excused from performance due to impossibility when an implied-in-fact condition that was basic assumption is disrupted and '''without fault of party'''. | *** o RULE: Both parties are excused from performance due to impossibility when an implied-in-fact condition that was basic assumption is disrupted and '''without fault of party'''. |