impossibility of performance

impossibility of performance
impossibility of performance see impossibility

Merriam-Webster’s Dictionary of Law. . 1996.

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  • impossibility of performance — Impossibility of accomplishment. Something beyond mere difficulty in performance. Impossibility having reference to the nature of the thing to be accomplished, not to the inability of the person. Mineral Park Land Co. v Howard, 172 Cal 289, 156 P …   Ballentine's law dictionary

  • impossibility of performance of contract — A doctrine under which a party to a contract is relieved of his or her duty to perform when performance has become impossible or totally impracticable (through no fault of the party). As a defense to nonperformance, such arises when performance… …   Black's law dictionary

  • impossibility of performance of contract — A doctrine under which a party to a contract is relieved of his or her duty to perform when performance has become impossible or totally impracticable (through no fault of the party). As a defense to nonperformance, such arises when performance… …   Black's law dictionary

  • subjective impossibility of performance — Impossibility of performance personal to the promisor, not inhering in the nature of the act to be performed. 17 Am J2d Contr § 415 …   Ballentine's law dictionary

  • impossibility — im·pos·si·bil·i·ty n pl ties 1: the quality or state of being impossible; also: the affirmative defense that something (as performance) is impossible 2: something impossible 3: impossibility of performance in this entry fac·tu·al impossibili …   Law dictionary

  • performance — per·for·mance n 1: work done in employment unsatisfactory performance 2 a: what is required to be performed in fulfillment of a contract, promise, or obligation substituted a new performance in novation of the contract b: the fulfillment of a… …   Law dictionary

  • performance — The fulfillment or accomplishment of a promise, contract, or other obligation according to its terms, relieving such person of all further obligation or liability thereunder. See also execute execution part performance payment; substantial… …   Black's law dictionary

  • impossibility — That which is impossible. See impossibility of performance; impossible; physical impossibility …   Ballentine's law dictionary

  • Impossibility — In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the… …   Wikipedia

  • possibility of performance — See impossibility of performance …   Ballentine's law dictionary

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