Impossibility is
an excuse for non-performance of duties under a
contract, based on a change in circumstances (or
the discovery of preexisting circumstances) that
makes performance of the contract literally
impossible. For such a defense to be raised,
performance must not merely be difficult or
unexpectedly costly for one party; there must be
no way for it to actually be accomplished.
For example, if Rachel offers to pay Joey $500 to
paint her house on October 1, but the house burns
to the ground before the end of September, Rachel
is excused from her duty to pay Joey the $500,
and he is excused from the duty to paint her
house.
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