A force majeure clause is a contractual allocation of risk, whereas impossibility is a statutory or common law defense. Furthermore, parties are often encouraged to mitigate their losses.
Judicial Outcomes in Impossibility Contract Disputes: Navigating Force Majeure, Mitigation, and High Legal Standards
The resolution often involves complex calculations of restitution and mitigation. Here, the physical performance of the contract may be possible, but the primary reason for entering the agreement has been destroyed.
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. For example, if a contractor cannot complete a building due to a shortage of specific materials, they cannot simply walk away; they must attempt to source alternative materials or methods to fulfill the contract if feasible.
Judicial Outcomes in Impossibility Contract Disputes: Legal Standards and Remedies
This standard is intentionally high to prevent parties from easily escaping unfavorable market conditions or their own poor planning. Consequences and Remedies If impossibility is successfully proven, the legal consequences are significant.
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.
