Impossibility, Impracticability, and Frustration

Question 1

Paradine v. Jane

Answer 1

If law creates a duty and outside political factors make it impossible to perform that duty, it may be excused. However, if a duty is created by agreement then that party has taken on the respponsibiliy of that duty in spite of unforeseen interference and that party is still obligated to perform under the agreement.

Impossibility

Question 2

Taylor v. Caldwell

Answer 2

A contractor must perform or pay for damages if they do not perform, however, if performance is made impossible the duty to perform may be excused. A contract has the implication that if a thing is required to exist in order for the contract to be performed and that things ceases to exist, the duty is excused

Impossibility

Question 3

Clark v. Wallace Cty. Coop Equity Exchange

Answer 3

A seller may not be relieved under § 2-613 if the goods were not identified at the time the contract was made. Performance is only excused when the performance objectively “the performance cannot be done.”

Impracticability

Question 4

Eastern Airlines v. McDonnell Douglas Corp.

Answer 4

§ 2-615 impossibility is only available as a defense when the terms of the contract are unclea. If the contract addresses excuse for reasons beyond a party’s control, § 2-615 does not apply

Impracticability