Unformatted text preview: 4) Discharge by Impossibility of Performance : if a contract becomes objectively impossible to perform, then the contract id discharged. The contract must become objectively impossible to perform (not merely difficult or expensive). If you agree to buy someones car and, before you pay them for the car, the car becomes destroyed, then it is impossible to buy the car so the contract is discharged.
https://www.coursehero.com/file/pljorb/4-Discharge-by-Impossibility-of-Performance-if-a-contract-becomes-objectively/
Evaluating a Possible Breach. 1  1. Determine if a breach occurred. A breach occurs when one party fails to perform any promise that makes up all or part of the contract you entered into. 2  2. Decide whether there was substantial performance. Not all breaches of a contract are actionable. 3  3. Assess the severity of the breach.
http://www.wikihow.com/Assess-Legal-Responsibility-in-a-Breach-of-Contract
Frustration of Purpose. Where the principal purpose of a contract is destroyed, further performance would probably be excused, absent a contract provision to the contrary. For example, the roofer who contracts to buy material for use on a building destroyed by fire may be able to cancel that material contract.
http://www.corwinlaw.com/Articles/When-Performance-Becomes-Impossible-or-Unfeasible-Who-Bears-the-Risk.shtml
Determine whether there are damages. In order to sue someone for a breach of contract, you must have incurred monetary damages. This means that before a person is responsible for a breach of contract, the other party to the contract must have lost money as a result of the breach.
http://www.wikihow.com/Assess-Legal-Responsibility-in-a-Breach-of-Contract
Consideration Consideration is a legal detriment that is suffered by the promisee and that is requested by the promisor in exchange for his or her promise. A valid contract requires some exchange of consideration. As a general rule, in a bilateral contract, one promise is valid consideration for the other.
http://legal-dictionary.thefreedictionary.com/contracts
Where performance becomes physically impossible, further performance would almost certainly be excused. For example, a roofing contractor would not be in breach for failing to complete a roof on a building destroyed by fire through no fault of his.
http://www.corwinlaw.com/Articles/When-Performance-Becomes-Impossible-or-Unfeasible-Who-Bears-the-Risk.shtml
The contract is completed. Sometimes though something happens making it impossible to do what's called for in the contract. This is called impossibility of performance. If it's impossible to do what the contract calls for, either party can break the contract. For example, you contract with a famous painter to do your portrait and the famous painter dies. A dead painter can't paint.
http://contracts.lawyers.com/contracts-basics/reasons-to-end-or-terminate-contracts.html
Divisible Contracts The entire performance of a contract can be a condition to the other party's duty to perform. If the contract is legally divisible, the performance of a divisible portion can fulfill the condition precedent to the other party's corresponding divisible performance.
http://legal-dictionary.thefreedictionary.com/contracts
The courts may not create a contract for the parties. When the parties have no express or implied agreement on the essential terms of a contract, there is no contract. Courts are only empowered to enforce contracts, not to write them, for the parties. A contract, in order to be enforceable, must be a valid.
http://legal-dictionary.thefreedictionary.com/contracts
Finding Defenses and Excuses to Performance. 1  1. Determine if the contract has a legal purpose. 2  2. Check for fraud. 3  3. Look for duress.  4. Consider 1  unconscionability. 5. Check for mistakes.  6. Evaluate the possibility of 1  performance. 7. Assess the need for a writing.
http://www.wikihow.com/Assess-Legal-Responsibility-in-a-Breach-of-Contract
if a contract becomes impossible to perform what happens
If a contract becomes impossible to perform, then the contract id is discharged. If a contract becomes impossible to perform the contract identity discharges.