Possibility of Performance

Question 1

Physical possibility of performance

Answer 1

• If the performer is at fault in any way in giving rise to the impossibility, then he cannot plead impossibility of performance
. • If the performer is late or in default, he cannot plead impossibility of performance.
• If the performer assumes the risk of non-performance, he cannot plead impossibility of performance.
• If the impossibility of performance is not absolute. Relative impossibility does not permit a party to maintain that the contract is void.