Impossibility of Performance CASES
In English law, impossibility of performance occurs when contractual obligations become impossible to fulfil due to unforeseen circumstances, potentially excusing parties from further performance.
Definition and Principles
Impossibility can trigger frustration of contract if the impossibility arises without fault from either party and fundamentally changes the nature of contractual obligations.
Common Examples
- Destruction of the subject matter essential for contractual performance.
- Performance becoming illegal due to changes in law.
- Personal services contracts where the individual providing the service becomes incapacitated or dies.
Legal Implications
- Contracts may be discharged automatically upon impossibility (frustration).
- Parties typically excused from further performance without liability.
Practical Importance
Understanding impossibility helps manage risks effectively, ensures fair contractual obligations, and clarifies potential relief available when performance becomes genuinely impossible.
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The defendants contracted to let a music hall to the plaintiffs, but the hall was accidentally destroyed by fire before the concerts. The court held that both parties were excused from performance as the contract was subject to an implied condition of the hall's continued existence, establishing the doctrine of frustration. Facts The defendants, Caldwell and Bishop, entered into a contract on 27 May 1861 to let The Surrey Gardens and Music Hall to the plaintiffs, Taylor and Lewis, for four specific days for the purpose of holding ‘grand concerts, and day and night fetes’. The plaintiffs agreed to pay
