If a contract contains a force majeure clause covering a specific event, that clause typically governs. 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.
Primary Purpose Destroyed: When Contract Impossibility Applies
A classic example is a contract to lease a specific venue for an event, only for the venue to be destroyed by a flood. Destruction of the Subject Matter The most straightforward scenario occurs when the specific subject matter of the contract is destroyed.
Allocation of Risk It is crucial to note that the burden of proof lies with the party seeking to avoid performance. 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.
Primary Purpose Destroyed: When Contract Impossibility Applies
They must clearly demonstrate that the impossibility was absolute and not caused by their own negligence or failure to prepare. However, in the absence of such a clause, the common law doctrine of impossibility may provide the necessary relief to discharge contractual duties.
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.
