The event rendering performance impossible must be unforeseen and external to the obligations of the contract itself. This doctrine addresses scenarios where an obligation becomes objectively unachievable due to unforeseen events, rather than a party’s simple refusal or inability to pay.
Objective Impossibility Versus Subjective Belief: Navigating the Legal Distinction
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. If a contract contains a force majeure clause covering a specific event, that clause typically governs.
Destruction of the Subject Matter The most straightforward scenario occurs when the specific subject matter of the contract is destroyed. The resolution often involves complex calculations of restitution and mitigation.
Objective Impossibility Versus Subjective Belief: Navigating the Legal Distinction
Categories of Impossibility The application of this doctrine is generally divided into distinct categories that courts examine closely. 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.
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.
