What is an Impossible Contract? A Deep Dive into Legal Definitions

Q: Can I still sue for benefits received before the impossibility?

Yes, you may be able to claim unjust enrichment for any benefits conferred before the impossibility occurred.

Q: How do I prove a contract is impossible to perform?

You will need to provide clear evidence of the circumstances that made performance impossible.

Definition & Meaning

An impossible contract is a type of agreement that cannot be enforced by law because it is not feasible for one of the parties to fulfill their obligations. This situation can arise due to various circumstances, such as the destruction of the subject matter of the contract, changes in the law that make performance illegal, or situations like death or illness that prevent a party from performing. It's important to note that merely facing increased difficulty or unexpected costs does not qualify as impossibility and does not excuse performance.

Table of content

Legal Use & context

Impossible contracts are primarily relevant in contract law, which falls under civil law. Legal professionals may encounter these situations when assessing whether a contract can be enforced. Users can manage some aspects of contract creation and modification themselves using legal templates available through resources like US Legal Forms, particularly when drafting contracts that may be subject to unforeseen circumstances.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: If a person contracts to sell a rare painting, but the painting is destroyed in a fire before the sale, the contract becomes impossible to perform.

Example 2: If a contractor is hired to complete a construction project but is suddenly unable to work due to a serious illness, this may render the contract impossible (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State	Key Differences
California	California courts may allow for more flexibility in defining impossibility based on circumstances.
New York	New York law strictly interprets impossibility and may require clear evidence of the impossibility.
Texas	Texas courts may consider the intent of the parties when evaluating impossibility.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Impossibility of performance	A situation where a party cannot fulfill their contractual obligations.	Focuses on the inability to perform due to external factors.
Frustration of purpose	A situation where the fundamental purpose of the contract is undermined.	Involves the purpose of the contract being defeated, not just the act of performance.

Common misunderstandings

What to do if this term applies to you

If you find yourself in a situation where a contract may be impossible to perform, consider the following steps:

Review the contract to understand the obligations and any clauses related to impossibility.
Document the circumstances that led to the impossibility.
Consult with a legal professional to explore your options, especially if the situation is complex.
You may also find useful templates on US Legal Forms to help manage the situation legally.

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Quick facts

Impossibility must be objective, not subjective.
Increased costs or difficulties do not excuse performance.
Legal advice is recommended for complex cases.

Key takeaways

Frequently asked questions

What happens if a contract becomes impossible to perform?

The parties may be excused from their obligations, and the contract may be deemed void.