When the foundation of a contractual agreement crumbles before execution, the legal concept of impossibility of performance comes to the forefront. For a party to invoke this defense, the performance must be genuinely impossible, not merely burdensome or expensive.
Courts Determine the Circumstances That Constitute Contract Impossibility
If the promisor, who is required to perform a specific act based on their personal expertise, dies or becomes permanently incapacitated, the contract is generally discharged. 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 resolution often involves complex calculations of restitution and mitigation. The Doctrine of Frustration of Purpose Closely related to impossibility is the doctrine of frustration of purpose.
Courts Determine the Circumstances That Truly Constitute Contract Impossibility
The Distinction from Force Majeure While often discussed alongside force majeure clauses, legal impossibility operates independently within the common law framework. Allocation of Risk It is crucial to note that the burden of proof lies with the party seeking to avoid 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.
