Learn about how the impossibility of performance can discharge a contract and the legal implications involved. Understand the key factors that come into play when determining if a contract can be terminated due to impossibility.
Impossibility of performance refers to a situation where it becomes objectively impossible for one or both parties to fulfill their contractual obligations. In such cases, the contract may be discharged, releasing both parties from their duties.
When impossibility of performance arises, the affected party may seek to terminate the contract without being held liable for breach. The legal doctrines of force majeure, frustration of purpose, and supervening impossibility often come into play to determine if a contract can be terminated due to impossibility.
Key factors considered in determining impossibility include unforeseen circumstances, the nature of the contract, and whether the event causing impossibility was foreseeable or within the control of the parties. If these factors align with legal standards, the contract may be terminated.
If a contract is discharged due to impossibility of performance, the parties are released from their obligations under the contract. However, they may still be liable for any damages caused by the non-performance. It is essential to carefully review the terms of the contract and seek legal advice when facing impossibility issues to navigate contract disputes effectively.
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