Understanding Impossibility of Performance in Contracts
Sometimes, people can't fulfill their promises in a contract because of unexpected events. This is where the idea of "impossibility of performance" comes in. It means that if something happens that makes it truly impossible to follow through with the contract, the person may not be held responsible for breaking it.
Here are some ways this can happen:
Natural Disasters: If a hurricane or earthquake strikes, it might physically stop someone from doing what they promised.
Legal Changes: If new laws are passed that make the contract illegal, then it's impossible for anyone to follow it.
Destruction of Subject Matter: If the specific thing or service that was agreed upon is destroyed or no longer exists, then it can't be delivered.
For this idea of impossibility to work, the event must be something the people involved could not control. If one party caused the problem, then they usually can't use impossibility as an excuse.
Also, the event should not have been something that could have been expected when the contract was made. Courts look at what was happening when the contract was created to tell the difference between just being hard to fulfill and truly impossible.
In short, the idea of impossibility of performance helps protect fairness in contract law. When something truly gets in the way of a person keeping their promise, it allows them to avoid penalties for breaking the contract. This way, the rules of contracts stay fair while also acknowledging that unexpected things can happen.
Understanding Impossibility of Performance in Contracts
Sometimes, people can't fulfill their promises in a contract because of unexpected events. This is where the idea of "impossibility of performance" comes in. It means that if something happens that makes it truly impossible to follow through with the contract, the person may not be held responsible for breaking it.
Here are some ways this can happen:
Natural Disasters: If a hurricane or earthquake strikes, it might physically stop someone from doing what they promised.
Legal Changes: If new laws are passed that make the contract illegal, then it's impossible for anyone to follow it.
Destruction of Subject Matter: If the specific thing or service that was agreed upon is destroyed or no longer exists, then it can't be delivered.
For this idea of impossibility to work, the event must be something the people involved could not control. If one party caused the problem, then they usually can't use impossibility as an excuse.
Also, the event should not have been something that could have been expected when the contract was made. Courts look at what was happening when the contract was created to tell the difference between just being hard to fulfill and truly impossible.
In short, the idea of impossibility of performance helps protect fairness in contract law. When something truly gets in the way of a person keeping their promise, it allows them to avoid penalties for breaking the contract. This way, the rules of contracts stay fair while also acknowledging that unexpected things can happen.