Business Studies Essay on Impossibility of Performance

Impossibility of Performance

In contracts, especially where the performance depends on the uninterrupted existence of a specific person or an object, it is implied that the extinction of the person or the subject matter should justify the performance. In such situation, Millie has a relevant guard in the court of law. The two parties, both the petitioner and the defendant agreed on a certain fixed amount. Nevertheless, in view of the fact that unanticipated difficulties are experienced, the petitioner would not qualify according to law for an additional compensation. This is subject to the defendant being in a position to show that there was objective impossibility (Miller, & Jentz, 2010)

The objective impossibility indicates that it ought to be, nature prevented fulfillment of the terms of a contract and not the promisor being incapable of fulfilling an initial agreement. For a performance to be wholly excused, there are conditions that ought to be satisfied. These conditions include; the occurrence of unforeseen event, the unforeseen event has made the performance impossible of being carried out, and nonoccurrence of the unanticipated incident was an essential assumption on which the parties entering into an agreement relied on (McLennan, 2001).

The underlying principle for the justification of commercial impracticability occurs when the event causing the infringement caused the performance become so significantly different from what was expected and as a result, the contract cannot be rationally considered to govern. There could be some legality towards commercial impracticability. In the case, this could be relevant since the contract was initially for 10,000 bushels. The quantity delivered to the buyer was minimal compared to the initial agreement between the two parties (Coloma, 2008).

References

Coloma, G. (2008). Damages for Breach of Contract, Impossibility of Performance and Legal Enforceability. Review Of Law And Economics, 4(1).

McLennan, J. S. (2001). Specific Performance and Impossibility of Performance of Contracts. S. African LJ118, 245.

Miller, R., & Jentz, G. (2010). Cengage Advantage Books: Business Law Today: The Essentials. Boston, Massachusetts: Cengage Learning.