..., impossibility of performance, or other ground for rescission or cancellation; (4) That the party seeking rescission has rescinded the contract and notified the other party to the contract of...theories of "impossibility of performance" or "frustration of purpose." These two theories of "impossibility of performance" or "frustration of purpose," while theoretically distinct, are often confused by...the courts and textbook writers in applying them. (Corbin on Contracts, Vol. 6, § 1353.) The complaint would have entitled Farms to seek relief under either one of these theories. "Impossibility of performance" refers...

...performance of such obligation shall be excused for the period of the delay." Generally, once a party to a contract has made a promise, that party must perform or respond in damages for its failure, even when unforeseen circumstances make performance burdensome; until the late nineteenth century even impossibility of...Contracts: Judicial Frustration of the U.C.C. Attempt to Liberalize the Law of Commercial Impracticability, 55 Notre Dame Law 203, 207 [1979]). Impossibility excuses a party's performance only when...the destruction of the subject matter of the contract or the means of performance makes performance objectively impossible. Moreover, the impossibility must be produced by an unanticipated event that...

.... 2. Impossibility of Performance — Meaning. Impossibility, with reference to performance under the provisions of a contract, means not only strict...court are conclusive on review if supported by evidence. 7. MUNICIPAL CORPORATIONS — Contractor — Breach — Water Tanks — Impossibility of Performance — Restatement...functionally, as water containing tanks within Restatement definition of impossibility of performance. 8. Breach — Water Tanks — Contractor...

.... This theory was laid to rest by our prior opinion. The second theory was that there was a partial impossibility of performance and therefore the covenants were either wholly or partially invalid...powerless to rule on Tri Par's second theory it would find that there was no legal impossibility of performance of the covenants. Such a finding is amply supported by the record on appeal...remand this cause for a determination of the remaining theory, as the trial court has already spoken to the effect that it has found no legal impossibility of performance. In view...

.... 1. Contracts 20.1 — nonrefundable tuition — failure of child to attend school — doctrine of impossibility of performance A contract which required...child during the school year was not subject to rescission under the doctrine of impossibility of performance because plaintiff's former wife refused to send the child to the school year was not subject...judgment in favor of defendant. Plaintiff-appellant first contends that the doctrine of impossibility of performance and frustration of purpose should apply in this case to bring...

.... Order unanimously affirmed without costs. The defense of impossibility of performance only...Nigeria, it was impossible for him to fulfill the condition of the contract. However, even assuming "impossibility of performance" by defendant, plaintiff's performance conferred a financial benefit to...excuses the performance of an executory contract (22A N.Y. Jur 2d, Contracts, § 387; Sokoloff v National City Bank, 208 App. Div...

.... CONTRACTS — Impossibility Of Performance — Failure Of Promisor Not Excused — Exception: Where Performance Is Subsequently Prevented Or Prohibited By A...Judicial, Executive Or Administrative Order, In The Absence Of Circumstances Showing A Contrary Intention. pp. 7-8 CONTRACTS — Impossibility Of Performance — A Change In...Governmental Specifications For Road Surfacing Which Should Have Been Foreseen Is Not A Prohibition Against Construction Of A Road And Does Not Raise The Doctrine Of Impossibility Of Performance. pp. 8-12...

...issue before the court concerns the right of an assignee of a contract to rescind the contract on the ground of impossibility of performance. For the reasons that follow, we affirm.... The appeal focuses on two common-law doctrines of contract law: impossibility of performance, which is an affirmative defense to a breach of contract claim ( Radkiewicz v. Radkiewicz...411 (2004)); and equitable rescission, which allows a party to rescind or abandon a contract based on, among other things, the impossibility of performance. See (30 R. Lord, Williston on Contracts...

...contract. Wolf Trap defended on the ground that performance by it of its obligation under the contract was excused under the doctrine of impossibility of performance. The..., therefore, held Wolf Trap had not made out its defense of impossibility of performance and granted judgment for the plaintiff. The single question on appeal is whether this...dismissal of Wolf Trap's defense of impossibility of performance was proper. The resolution of this issue requires a review of the doctrine of impossibility. We proceed first to that review. III. The doctrine of impossibility of performance as...

...— Excuses for Nonperformance — Failure of Means of Performance. — Impossibility of performance due to the failure or nonexistence of a...appears that such facts did not exist, there is no agreement. 6. CONTRACTS — Impossibility of Performance — Defense May Be Asserted at Law as Well as in Equity. — The defense of...impossibility of performance may be asserted in an action at law as well as a suit in equity. 7. CONTRACTS — Impossibility of Performance — Case at Bar. — In the instant case, an action...

.... Appellee Smith, the president of Aero-Flight, signed a guaranty of Aero-Flight's performance of the contract. Appellant brought this suit against appellees to recover its damages. Appellees pleaded impossibility of...amount of parts required to complete overhaul of the engine made it economically unfeasible to continue. The doctrine of impossibility of performance should be employed with...appellant. It chose not to do so by contract. It should not be allowed to accomplish the same effect by claiming impossibility of performance because of a supervening risk which was foreseeable to it...

...substitute for it a monthly tenancy of the entire space covered by all of the leases and, in any event, the threatened condemnation action canceled the lease under the doctrine of impossibility of performance or...not from any impossibility of performance and since the purpose for which the defendant leased the premises was not frustrated by the impending condemnation proceedings during the permissive three-year...obligation under the doctrine of impossibility of performance or, alternatively, under the doctrine of frustration of purpose. Although related in terms of their ultimate objective, each of these two...

...showing cause for being excused from a presumptively fair, formal, and binding promise to perform; circumstances intervening beyond the expectation of the agreeing parties, fraud, impossibility of performance, or...being no evidence to support a reduction of alimony based on impossibility of performance, fraud, or unconscionable advantage, the husband had not sustained the heavy burden thrust upon him as a party...binding promise to perform. Id. Circumstances intervening beyond the expectation of the agreeing parties, fraud, impossibility of performance, or unconscionable advantage if sufficiently shown...

.... Under the doctrine of impossibility of performance or frustration of purpose, a party is discharged from performing a contractual obligation which is impossible to perform and the...party neither assumed the risk of impossibility nor could have acted to prevent the event rendering the performance impossible. See, e.g...these circumstances, the doctrine of impossibility of performance applies, and the trial court erred in ordering Marathon Sunsets to do that which it may not do without the necessary permit...

..., rather than being treated as an implied condition for performance derived from the contractual arrangements between the parties. Generally, however, the excuse of impossibility of performance is...limited to the destruction of the means of performance by an act of God, vis major, or by law ( International Paper Co. v. Rockefeller, 161 App. Div. 180, 184; 6 Williston, Contracts [Rev. ed.], § 1935; 10 N.Y. Jur., Contracts, § 357; Restatement, Contracts, § 457). Thus, where impossibility or...Williston, Contracts [Rev. ed.], § 1963; see, generally, 10 N.Y. Jur., Contracts, §§ 356, 357, 359, 372; Ann.: Contract-Performance-Impossibility, 84 A L R 2d 12, esp. pp. 21-24, 28-29 and 52-55; Restatement, Contracts, §§ 454, 455, 457, 467). Notably, in this case, Savoy does not even assert that bankruptcy or insolvency was a likely consequence of continuing...

...began. 2. Contracts 20.1 — frustration — impossibility of performance A contract which required plaintiff to pay tuition in advance with no refund in order for defendant to hold a...on the ground of impossibility of performance since defendant was able to perform and plaintiff's inability to deliver the child to the school did not constitute impossibility of performance. 3...contract should be rescinded because of frustration and impossibility of performance. There was not a fundamental change in conditions so that if the child had attended the school, the object for which...

...doctrine of impossibility of performance in a breach of contract case where the breaching party claimed that a revocation of grant funding rendered its payment to an employee under a written one-year...instruction on the affirmative defense of impossibility of performance. Amongst other instructions, the court instructed the jury, in relevant part: "[i]f you find the defendant breached the contract with the...suggestions on how the court should respond to the note. Appellant's counsel agreed with the court's drafted response, yet further proposed that the court give an instruction on impossibility of performance as...

...contractual undertaking, and that the contract is also void because of impossibility of performance. Art. 101, Maryland Code of... less, there is no impossibility of performance. The contract was a valid, enforceable one... Joseph NELSON and Ola Mae Smith, Administratrix of the Estate of Robert Minor Smith, deceased, Appellees, v. VICTORY ELECTRIC WORKS, INC., Appellant...

...obligations as tenant under a commercial lease. The trial court ruled in favor of County Appliances based upon the affirmative defenses of impossibility of performance and frustration of purpose. For...interrelated doctrines of impossibility of performance and commercial frustration. At the outset of the analysis of these two defenses, we note that the lease specifically obligates the...of law which would override the allocation of risks in the parties' contract. Although the doctrines of impossibility of performance and commercial frustration are "undoubtedly in...

...deals with impermissible limitations on buyers' remedies which are not at issue in this case, Florida courts have also consistently recognized the doctrine of impossibility of performance as a valid...basis to excuse performance under the ILSA's two-year obligation-to-construct exemption. In Florida, as the district court noted, the doctrine of impossibility "refers to those factual situations, too numerous to catalog, where the purposes, for which the contract was made, have, on one side, become impossible to perform." Crown Ice Machine Leasing Co., v. Sam Senter Farms, Inc., 174 So.2d 614, 617 (Fla.Dist. Ct.App. 1965). However, "where performance of...if knowledge of the facts making performance impossible were available to the promisor [prior to the execution of the contract]," the defense of impossibility is not available. Shore Inv. Co. v. Hotel Trinidad, Inc., 158 Fla. 682, 29 So.2d 696, 697 (1947). Foreseeability is a critical determinant in assessing the availability of the defense. Under Florida law, the application of the defense of impossibility of performance is...