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The doctrine [1] of impossibility or impossibility of performance or impossibility of performance of contract is a doctrine in contract law.. In contract law, impossibility is an excuse for the nonperformance 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 ...
Mr Justice Blackburn began his judgement by finding that the agreement between the parties was a contract, despite their use of the term "lease".Under the common law of property in England at the time, under a lease the lessee would obtain legal possession of the premises during the lease period, while the "lease" at issue in this case specified that legal possession would remain with the ...
The burning down of the Surrey music hall in Taylor v Caldwell deemed a contract for its hire frustrated. Early cases such as Paradine v Jane (1647) [5] show the historical line that the courts took toward a frustration of purpose in contract; here, the courts held that where land under lease to the defendant had been invaded by Royalist forces, he was still under obligation to pay rent to the ...
The major difference between the two doctrines is that while impossibility excuses performance where the contractual duty cannot physically be performed, the doctrine of impracticability comes into play where performance is still physically possible, but would be extremely burdensome for the party whose performance is due. Thus, impossibility ...
Section 2(4) deals with the issue of severing parts of frustrated contracts. Where a contract contains multiple obligations, the Act does not apply to obligations which were completed prior to a frustrating event, only to those still in performance. Section 2(5) excludes certain types of contract from being subject to the Act.
Lord Phillips of Worth Matravers MR [a] held that the mistake was not sufficiently fundamental to void the contract. The Great Peace would have taken 22 hours to cover 410 miles, but that delay was insufficient to make performance of the contract "essentially different from [the services] the parties envisaged when the contract was concluded".
Impossibility of performance, in contract law an excuse for non-performance of a contract; Impossibility defense, a criminal defense for a crime that was legally impossible to commit; Proof of impossibility, in mathematics a proof that demonstrates that a particular problem cannot be solved
The difference between the two concepts is that hardship is the performance of the disadvantaged party becoming much more burdensome but still possible. Force majeure refers to a party's contractual requirements have become impossible, at least temporarily. Hardship is a reason for a change in the contractual program of the parties.