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Discharge by Impossibility of Performance

Business Law Chapter 6


on 24 January 2013

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Transcript of Discharge by Impossibility of Performance

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Images from Shutterstock.com Death or Illness in a Personal Service Contract The death or illness of a certain party may be an excuse for nonperformance. Destruction of the Exact Subject Matter If the subject matter that is needed to perform the contract is destroyed through no fault of the parties, the contract will be discharged. Bob is a landscaper. Bob has a contract with Mary to mow her lawn twice a week. One day Bob passes away in a freak lawn mower accident. Therefore Mary cannot sue bob for not cutting her lawn.
The end. Hypothetical Situation Discharge by Impossibility of Performance By Alyssa, Dustin, Mitchell, and Mary This may be allowed in case of death or illness that prevents the performance of a personal service contract; the destruction of the exact subject matter, or the means for performance and illegality, or situations in which the performance of a contract becomes illegal Impossibility of Performance This occurs if the contract requires the personal service of the person who had died or is ill. The destruction must occur after the contract is entered, but before it is carried out.
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