Impossibility of Performance

What is Impossibility of Performance?

This is a defense to a breach of contract action that asserts that the performance of one of the parties may be excused due to impossibility. The impossibility must be due to unforeseen and uncontrollable circumstances, such as death, destruction of the subject matter, or failure of the means of delivery.

Further Reading

For more detailed information, see our related Contracts terms:

• Acquiescence
• Specific Performance
• Severable Contract
• Illegal Contract
• Section 2-207 of the Uniform Commercial Code

Reviewed by

Stephanie Bagnall

Licensed Attorney and Legal Researcher

Stephanie Bagnall is a Georgia-licensed attorney and legal researcher with experience in accessibility law, compliance, employment law, and legal writing. She helps develop and review BarPrepHero's Legal Terms content for clarity, accuracy, and usefulness to bar exam students.

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