Impossibility of performance Flashcards
1
Q
What are the implications of impossibility of performance
A
A contract is void if at the time it is entered into it is impossible of performance
2
Q
What are the requirements for impossibility
A
The impossibility must be objective.
3
Q
What are objective impossibilities
A
Vis maior - acts of god or nature
casus fortuitous - unforeseen events beyond the average persons control
4
Q
What is a subjective impossibility
A
Means it is impossible due to an individual. Contract is therefore valid and non performance is a breach
