Respuesta :
If a contract concerns an illegal subject matter and a court will not step into such a contract to enforce its promises, it is an example of Impossibility as a defense to performance.
What does contract impossibility mean?
- In accordance with contract law, impossibility is a defense that a seller may use when an unforeseeable circumstance arises after the contract is signed and renders performance impossible.
- However, it is now being acknowledged that "impossibility" under this doctrine can also exist when the contemplated performance can be done but only at an excessive and unreasonable cost, i.e., commercial impracticability.
- In common law, for the defence of "impossibility" to be raised performance must not merely be difficult or unexpectedly costly for one party, it must be impossible to actually accomplish.
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