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Breach of Contract: Impossibility of Performance Part 2

In the second half of this two-part article, we will continue to discuss breach of contracts, and more specifically the impossibility of performance. It’s highly recommended that those dealing with a breach of contract, whether it’s from themselves or the other party, they contract a Jacksonville construction attorney for assistance. To view the first half of this article, please visit Part 1.

Does an Impossibility of Performance End the Breaching Party’s Duty?

Just because the job performance has become physically impossible, does not necessarily mean that the breaching party will no longer be liable for any damages caused by breach of contract. However, the question of whether or not the discharge will be granted almost always depends on the facts of the case.

Examples of Absolute Impossibility

There are a few ways that a promised performance can become absolutely impossible to do if:

  • The work that needs to be done or finished has been destroyed
  • One of the parties passes away
  • A natural disaster occurs and prevents the work from being finished
  • The owner has lost the property title due to bankruptcy
  • The law changes and makes the work illegal to perform

There are a couple ways that a promised performance can become subjectively impossible to do if:

  • A party makes a misrepresentation on purpose
  • A natural disaster occurs and makes the price of performance extremely high

Factors That Courts Will Look Over When Determining if Contract Discharge Should be Approved

Courts are not always the same when it comes to dealing with the contract breach defense of impossibility of performance. There are some common factors that they will typically go over when deciding whether or not discharge from a contract should be approved.

  • Were any of the risks predictable?
  • What risks did either of the parties assume when first entering into the contract?
  • Are there any alternatives to discharge of the contract?
  • How have other courts treated similar cases to this in the past?

To schedule a consultation with a Jacksonville construction lawyer from Trent Cotney, P.A., please call us today at 904.425.5030 or submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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