Impossibility

Encyclopedia : I : IM : IMP : Impossibility

Contract Law

Part of the common law series
Contract theory
Contract formation
Offer and acceptance · Mailbox rule
Mirror image rule · Invitation to treat
Consideration
Defenses against formation
Lack of capacity to contract
Duress · Undue influence
Illusory promise · Statute of frauds
Non est factum
Contract interpretation
Parol evidence rule
Contract of adhesion
Integration clause
Contra proferentem
Excuses for non-performance
Mistake · Misrepresentation
Frustration of purpose · Impossibility
Unclean hands · Unconscionability
Illegality · Accord and satisfaction
Rights of third parties
Privity of contract
Assignment · Delegation
Novation · Third party beneficiary
Breach of contract
Anticipatory repudiation · Cover (law)>Cover
Exclusion clause
Fundamental breach
Remedies
Specific performance
Liquidated damages
Penal damages · Rescission
Quasi-contractual obligations
Promissory estoppel
Quantum meruit
Subsets: Conflict of law Commercial law
*Other areas of the common law*
Tort law · Property law
Wills and trusts
Criminal law · Evidence

Impossible is also a name of a skateboarding trick. See modal logic for logic which discusses impossibility, contingency and necessity.

Impossibility is an excuse for non-performance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract, 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 contracts 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. Although, Joey still may be able to sue for restitution for the benefit conferred to Rachel prior to the burning down of the house.

The English case which established this doctrine at common law is Taylor v. Caldwell.

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