The law recognizes that you cannot compel someone to perform an act through legal judgment if that person is physically or mentally unable to do so. Death or Incapacity of the Promisor Impossibility also applies in personal service contracts where the unique skills or presence of an individual are essential.
Impossibility, Frustration, and Purpose: Understanding the Doctrine That Frees Parties from Contracts
Consequences and Remedies If impossibility is successfully proven, the legal consequences are significant. However, this does not automatically equate to a refund for payments already made.
However, in the absence of such a clause, the common law doctrine of impossibility may provide the necessary relief to discharge contractual duties. Understanding these classifications is essential for predicting judicial outcomes in disputes.
Impossibility, Frustration, and Purpose: Understanding the Doctrine That Frees Parties from Contracts
The Distinction from Force Majeure While often discussed alongside force majeure clauses, legal impossibility operates independently within the common law framework. If a contract contains a force majeure clause covering a specific event, that clause typically governs.
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.
