Question

Which of the following is an example of impossibility of performance sufficient to discharge a party from contractual duties?

• A. Dell and James enter into a contract for Dell to perform as a DJ at James’ birthday party. Dell’s performance was essential to the completion of the contract. Dell dies before James’ birthday.
• B. Barb and Joan enter into a contract for Barb to buy Joan’s house. Joan’s house burns down.
• C. Sara and Jay enter into a contract for Sara to exchange all of her bitcoins for Jay’s ownership interest in his company. Before Sara and Jay complete the exchange, Congress passes a law that makes the exchange of bitcoins for interests in companies illegal.
• D. All of the above.

Answer 1

D. All of the above

In each of the above mentioned scenarios, the performance is unable to be performed based on impossibility of the same and that is because of situations or reasons beyond their control.