Lashundra Jones_LS311_Unit 5 Case Analysis

Lashundra Jones_LS311_Unit 5 Case Analysis - Impossibility...

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Impossibility Of Performance 1 Unit 5 Case Analysis: Impossibility of Performance Lashundra Jones Kaplan University LS311-03 Professor Thompson February 4, 2011
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Impossibility Of Performance 2 Impossibility of performance is when a contract is made but performance may become impossible in an objective sense. This can cause the contract to be discharged. The Uniform Commercial Code 2-615 state that there are three conditions that must be fulfilled before a performance is excused (Law-Cornell, 2011.) these conditions are first an contingency must occur, then the contingency has to make the performance impracticable and last the non- occurrence of that contingency was an assumption of the original contract. Three situations on when this defense can be use is 1. When the late Tina Marie pasted away, she was slated to perform in Atlanta on New Year’s Eve but because of her death the contract is discharged and her estate will not be held liable for her non-performance. 2. A man sees and ad for a perfectly
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Lashundra Jones_LS311_Unit 5 Case Analysis - Impossibility...

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