Unformatted text preview: either party) o Objective impossibility When a party whose personal performance is essential dies or becomes incapacitated When the subject matter of the contract is destroyed When a change in the law renders performance illegal o Temporary impossibility • Commercial impracticability – a doctrine under which a seller may be excused from performing a contract when (1) a contingency occurs, (2) the contingency’s occurrence makes performance impracticable, (3) the nonoccurrence of the contingency was a basic assumption o Must show the anticipated performance would be extremely difficult or costly • Frustration of Purpose – a court-created doctrine under which a party to a contract will be relieved when the objective purpose for performance no longer exists (due to reasons beyond that party’s control)...
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This note was uploaded on 04/09/2012 for the course LAW LAW taught by Professor Ricks during the Spring '09 term at Rutgers.
- Spring '09
- Common Law