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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 ...
Impracticability is similar in some respects to the doctrine of impossibility because it is triggered by the occurrence of a condition which prevents one party from fulfilling the contract. The major difference between the two doctrines is that while impossibility excuses performance where the contractual duty cannot physically be performed ...
Peters, Flamman and Company v Kokstad Municipality, [1] decided by Solomon JA, is an important case in South African contract law, specifically in the area of termination and supervening impossibility of performance. The company had entered into a twenty-year contract with the municipality to light its street lamps. [2]
The reason here is that ignorance of law is not an excuse. However, if a party is induced to enter into a contract by the mistake of law then such a contract is not valid. [3] For example, Harjoth and Danny make a contract grounded on the erroneous belief that a particular debt is barred by the Indian law of Limitation; the contract is not ...
A contract can also be void due to the impossibility of its performance. For instance, if a contract is formed between two parties A & B but during the performance of the contract the object of the contract becomes impossible to achieve (due to action by someone or something other than the contracting parties), then the contract cannot be ...
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".
Lawyers for former President Donald Trump were in discussions to pull off what they'd described as a "practical impossibility" when a New York appeals court reduced the size of the bond they had ...
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