The impossibility-of-performance doctrine is a legal principle that allows a party to be excused from fulfilling a contract when unforeseen circumstances make performance impossible. This typically applies in situations where the contract's execution depends on the existence of a specific person or thing. If that person or thing ceases to exist, the party may be relieved from their obligations.
This doctrine is primarily used in contract law. It is relevant in various legal areas, including civil law, where parties may seek to enforce or defend against contract claims. Users can manage related issues through legal forms and templates provided by platforms like US Legal Forms, which can help in drafting agreements that consider potential contingencies.
Here are a couple of examples of abatement:
Example 1: A concert promoter contracts a famous singer for a performance. If the singer unexpectedly passes away before the concert, the promoter may be excused from fulfilling the contract due to impossibility of performance.
Example 2: A construction company agrees to build a structure, but a natural disaster destroys the site. The company may argue that the circumstances make it impossible to perform the contract as agreed. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Recognizes impossibility as a defense but requires clear evidence of the unforeseen event. |
| New York | Allows for impossibility but emphasizes the need for a specific, unavoidable event. |
| Texas | Similar to New York, but also considers the allocation of risk in the contract. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
If you believe the impossibility-of-performance doctrine applies to your situation, consider the following steps:
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It is a legal principle that allows a party to be excused from fulfilling a contract when unforeseen circumstances make performance impossible.