impossibility of performance
- impossibility of performance
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Impossibility of accomplishment. Something beyond mere difficulty in performance. Impossibility having reference to the nature of the thing to be accomplished, not to the inability of the person. Mineral Park Land Co. v Howard, 172 Cal 289, 156 P 458. Original impossibility, an impossibility of performance existing when the contract was entered into, so that the contract was to do something which was from the outset impossible; supervening impossibility, that is impossibility from something developing after the inception of the contract. 17 Am J2d Contr § 404. No excuse for nonperformance of condition precedent to the vesting of an estate. 28 Am J2d Est § 158. A reason for extinguishment of condition subsequent whereby the estate vests free from the condition. 28 Am J2d Est § 158.
Ballentine's law dictionary.
Anderson, W.S..
1998.
Look at other dictionaries:
impossibility of performance — see impossibility Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
impossibility of performance of contract — A doctrine under which a party to a contract is relieved of his or her duty to perform when performance has become impossible or totally impracticable (through no fault of the party). As a defense to nonperformance, such arises when performance… … Black's law dictionary
impossibility of performance of contract — A doctrine under which a party to a contract is relieved of his or her duty to perform when performance has become impossible or totally impracticable (through no fault of the party). As a defense to nonperformance, such arises when performance… … Black's law dictionary
subjective impossibility of performance — Impossibility of performance personal to the promisor, not inhering in the nature of the act to be performed. 17 Am J2d Contr § 415 … Ballentine's law dictionary
impossibility — im·pos·si·bil·i·ty n pl ties 1: the quality or state of being impossible; also: the affirmative defense that something (as performance) is impossible 2: something impossible 3: impossibility of performance in this entry fac·tu·al impossibili … Law dictionary
performance — per·for·mance n 1: work done in employment unsatisfactory performance 2 a: what is required to be performed in fulfillment of a contract, promise, or obligation substituted a new performance in novation of the contract b: the fulfillment of a… … Law dictionary
performance — The fulfillment or accomplishment of a promise, contract, or other obligation according to its terms, relieving such person of all further obligation or liability thereunder. See also execute execution part performance payment; substantial… … Black's law dictionary
impossibility — That which is impossible. See impossibility of performance; impossible; physical impossibility … Ballentine's law dictionary
Impossibility — 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… … Wikipedia
possibility of performance — See impossibility of performance … Ballentine's law dictionary
