Impossibility 1547186 222575000 2008-06-30T02:02:43Z VoABot II 1879647 BOT - Reverted edits by [[Special:Contributions/68.18.179.69|68.18.179.69]] {[[User:VoABot_II/Help#Revert_reasons|possible vandalism]]} ([[User:VoABot_II/Mistakes|mistake?]]) to last version by "Mortonhall". {{unreferenced|date=September 2007}} {{ContractLaw}} {{dablink|"Impossible" redirects here. For other uses, see [[Impossible (disambiguation)]].}} {{dablink|See [[modal logic]] for logic which discusses impossibility, [[contingency]] and [[necessity]]}} In [[contract law]], '''impossibility''' is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract, that makes performance of the contract literally impossible. For such a defense to be raised, performance must not merely be difficult or unexpectedly costly for one party; there must be no way for it to actually be accomplished. For example, if Rachel contracts to pay Joey $1000 to paint her house on October 1, but the house burns to the ground before the end of September, Rachel is excused from her duty to pay Joey the $1000, and he is excused from his duty to paint her house; however, Joey may still be able to sue for the [[unjust enrichment]] of any benefit conferred on Rachel before her house burned down. The [[England|English]] case that established this doctrine at [[common law]] is ''[[Taylor v. Caldwell]].'' ==Related to science== * Impossibility by [[John D. Barrow]] ©1998 ISBN 0-09-977211-6 - Investigates the limits of science and the science of limits. ==See also== * [[Impossibility defense]] * [[Contract law]] * ''[[Force majeure]]'' * [[Hardship clause]] * [[Hell or high water clause]] * [[Mutual assent]] [[Category:Common law]] [[Category:Contract law]] {{law-stub}}