Courts will look at the circumstances of the case to determine if any value was conferred and whether adjustments need to be made to ensure fairness between the parties. The Distinction from Force Majeure While often discussed alongside force majeure clauses, legal impossibility operates independently within the common law framework.
Ensuring Fairness in Contract Adjustments After Impossibility
Since the core item no longer exists, the obligation to transfer it can be legally discharged. For a party to invoke this defense, the performance must be genuinely impossible, not merely burdensome or expensive.
Categories of Impossibility The application of this doctrine is generally divided into distinct categories that courts examine closely. While the landlord could technically rent out the space, the lessee’s fundamental purpose for the lease—holding the event—is frustrated, potentially leading to contract termination.
Ensuring Fair Adjustments When Impossibility Forcibly Ends Agreements
Death or Incapacity of the Promisor Impossibility also applies in personal service contracts where the unique skills or presence of an individual are essential. These categories help determine whether the impossibility is sufficiently rooted in reality to excuse performance.
More About Impossibility of performance of contract
Looking at Impossibility of performance of contract from another angle can help expand the discussion and give readers a second clear paragraph under the same section.
More perspective on Impossibility of performance of contract can make the topic easier to follow by connecting earlier points with a few simple takeaways.
