voluntary disablement


voluntary disablement
+the intentional act of a contractual party that renders a contractual obligation impossible to perform.
+Voluntary disablement means that one party to a contract voluntarily engages in some conduct that makes it virtually impossible for him to fulfil his obligation. It is not absolutely impossible, but the circumstances are such that it would be more than extremely unlikely that he will be able to perform. In these circumstances, the other side is excused from her obligations. The law will not force one side to perform if it is unlikely or impossible for the other side to perform. For contracts covered by the Uniform Commercial Code (UCC), voluntary disablement would give rise to the other party's right to seek written assurances of performance. If such assurances were not given within 30 days, the party seeking such assurances could consider the voluntary disablement a breach of contract.

Webster's New World Law Dictionary. . 2000.

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