Impossibility
is an excuse for non-performance of duties under a
contract, based on a change in circumstances (or the
discovery of preexisting circumstances) that makes
performance of the contract literally impossible. For
such a defense to be raised, performance must not merely
be difficult or unexpectedly costly for one party; there
must be no way for it to actually be accomplished.
For example, if Rachel offers to pay Joey $500 to paint
her house on October 1, but the house burns to the ground
before the end of September, Rachel is excused from her
duty to pay Joey the $500, and he is excused from the
duty to paint her house. |
