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LSDefine

Simple English definitions for legal terms

impossibility-of-performance doctrine

Read a random definition: Jones Act

A quick definition of impossibility-of-performance doctrine:

The impossibility-of-performance doctrine is a rule that says if something happens that makes it impossible for someone to do what they promised in a contract, they can be let off the hook. This could be something that is completely out of their control, like a natural disaster or a law that changes. It's like saying, "I'm sorry, I really wanted to do what I said I would, but something happened that made it impossible."

A more thorough explanation:

Definition: The impossibility-of-performance doctrine is a principle that allows a party to be released from a contract if circumstances beyond their control have made it impossible to fulfill their obligations. This is different from frustration or impracticability, which may make performance more difficult but not completely impossible.

Example: A construction company signs a contract to build a new office building for a client. However, a natural disaster such as a hurricane or earthquake destroys the construction site, making it impossible for the company to complete the project. In this case, the impossibility-of-performance doctrine would allow the construction company to be released from the contract without penalty.

Explanation: The example illustrates how circumstances beyond a party's control can make it impossible to fulfill their contractual obligations. In this case, the natural disaster was an unforeseeable event that made it impossible for the construction company to complete the project. The impossibility-of-performance doctrine recognizes that parties should not be held responsible for events that are beyond their control.

impositive fact | impossible consideration

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