IMPOSSIBILITY

Question 1

UCC 2-615

Answer 1

Doctrine of Impossibility/Frustration–>

permits a delay in the seller’s performance where such performance is made impracticable by a circumstance whose nonoccurrence was assumed at the time the contract was made.

Question 2

The defense of objective impossibility is valid if:

Answer 2

a) Performance becomes illegal after the contract is made
b) The specific subject-matter of the contract is destroyed
c) The performing party in a personal-services contract dies or becomes incapacitated.

Question 3

The defense of subjective impossibility is valid if:

Answer 3

a) An unforeseeable event has occurred
b) Non-occurrence of the event is a basic assumption on which the contract was made
c) The event made performance impracticable
d) The party who is seeking discharge is not at fault
e) The party seeking discharge did not bear the risk