Impracticability of Performance/ Frustration of Purpose (260s)

Question 1

261- Discharge by supervening impracticability

Answer 1

Party’s performance made impracticable by something happening which was basic assumption of contract that it wouldn’t (IE plane falling on house before painter can paint it):
Duty discharged, unless language or circumstances indicate otherwise. (this doesn’t count something like renting out a wedding space and then having your fiancé call it off. You bear the risk of that b/c u have more “control”)

Question 2

262- Death or incapacity of person necessary for performance

Answer 2

if person’s existence is necessary for performance, their not dying is a basic assumption of the contract (so if they die it discharges under 261)

Question 3

263- destruction, deterioration or nonoccurrence of thing necessary to perform

Answer 3

this not happening is a basic assumption (discharges under 261)

Question 4

264- prevention by gov regulation or order

Answer 4

this not happening is a basic assumption (discharges under 261)

Question 5

265- discharge by supervening frustration

Answer 5

if party’s purpose is substantially frustrated b/c of something happening that screws up a basic assumption, and its not their fault, remaining duties to perform are discharged (unless language or circumstances indicate otherwise) (does not preclude restitution- 272)

Question 6

266- existing impracticability or frustration

Answer 6

1. if something happens that a party doesn’t know or have reason to know about at the time of the contract and it involves a basic assumption of the contract that makes it impracticable, party doesn’t have duty to perform (unless language/circumstances)
2. same w frustration

Question 7

269- temp impracticability or frustration

Answer 7

doesn’t discharge performance duties unless delay would make performance materially more burdensome. only suspends while the impracticability/ frustration exists.

Question 8

270- partial impracticability

Answer 8

partial impracticability doesn’t affect obligors duty to perform if

a) its still practicable to render substantial performance including reasonable substitute that’s under his duty or
b) obligee w/in reasonable time agrees to render any remaining performance in full and to allow obligor to retain what’s already been rendered

Question 9

271- impracticability as excuse for non-occurrence of condition

Answer 9

excuses if condition is not a material part and forfeiture would otherwise happen

Question 10

272- relief for impracticability or frustration

1. including restitution
2. maybe reliance

Answer 10

1. in any case involving impracticability/ frustration of purpose, either party can get restitution (under 240 or 377)
2. court can grant remedy (including reliance interest) as justice requires if rules of impracticability/ frustration and remedies (ch. 16) won’t avoid injustice