However, in the absence of such a clause, the common law doctrine of impossibility may provide the necessary relief to discharge contractual duties. It serves as a critical escape valve in contract law, acknowledging that the rigid enforcement of promises can lead to unjust outcomes when circumstances fundamentally change.
Personal Service Contract Death and the Legal Consequence of Impossibility
The Doctrine of Frustration of Purpose Closely related to impossibility is the doctrine of frustration of purpose. Death or Incapacity of the Promisor Impossibility also applies in personal service contracts where the unique skills or presence of an individual are essential.
A force majeure clause is a contractual allocation of risk, whereas impossibility is a statutory or common law defense. The resolution often involves complex calculations of restitution and mitigation.
Personal Service Contract Death and the Impossibility of Performance
Consequences and Remedies If impossibility is successfully proven, the legal consequences are significant. Since the core item no longer exists, the obligation to transfer it can be legally 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.
