Impossibility of Performance

In one sentence

A situation where performing a contract becomes impossible through no party's fault.

Plain English

Impossibility of performance is a legal doctrine that excuses a party from performing a contract when performance becomes impossible due to unforeseen circumstances beyond their control. Common examples include death of a required party, destruction of essential property, or a change in law that makes performance illegal. When true impossibility occurs, the contract is discharged and neither party is liable for non-performance.

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Example

A musician contracts to perform at a concert, but suffers a sudden, severe illness that prevents any performance. The musician's death or incapacity makes performance impossible, so the contract is discharged and the musician isn't liable for breach.

Used in a sentence

“The contractor claimed impossibility of performance because a natural disaster destroyed the building materials needed for the project.”

Related terms

Discharge of Contract

The release of both parties from their contractual obligations.

Frustration of Purpose

An unforeseen event destroys the main reason for making the contract, even though performance is still possible.

Doctrine of Unforeseen Circumstances

A contract may be modified or excused when circumstances change dramatically after signing.

Good Faith

An obligation to act honestly and fairly in performing or enforcing a contract.

Legality of Object

The requirement that a contract's purpose and subject matter must be legal and not against public policy.

Mutual Consent

Both parties freely agree to the same terms of a contract without pressure or misunderstanding.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.