Impossibility, Impracticability, Frustration of Purpose
In the world of contracts, there are many situations that can arise making the completion of the contract difficult or impossible. In situations where something occurs that was expressly contemplated in the contract, there are typically expressed solutions to the occurrence of these events. However, in situations where unexpected events transpire, there can be difficulties in resolving these conflicts.
In this paper, we will discuss a few of these situations in where difficulties arise and make the completion of a party’s duty difficult or impossible, whether the party must still perform his/her duty, and when the duty to perform is excused.
This topic is of great interest, for it appears …show more content…
This case made it important to recognize there are often “implied conditions” in contract.
Personal Services- Implied Condition
Another area of contract law that I found interesting are the cases when an artist, writer, or special performer is unable to perform. Because unique and specialized works, such as a painting from a renowned artist is a unique and specialized work, the death of such artist or party to a personal works contract are considered impossible. In such personal works, the executors are not liable; “’Thus,’ says the learned author, ‘if an author undertakes to compose work, and dies before completing it, his executors are discharged from this contract: for the undertaking is merely personal in its nature, and, by the intervention of the contractor’s death, has become impossible to be performed.’”[2][3]This is unlike a construction worker building a simple porch.
Though he/she may feel their work is a specialty or artistic work, their work can be easily completed by another contractor. This is not the same as an artist or specialist where their
In the world of contracts, there are many situations that can arise making the completion of the contract difficult or impossible. In situations where something occurs that was expressly contemplated in the contract, there are typically expressed solutions to the occurrence of these events. However, in situations where unexpected events transpire, there can be difficulties in resolving these conflicts.
In this paper, we will discuss a few of these situations in where difficulties arise and make the completion of a party’s duty difficult or impossible, whether the party must still perform his/her duty, and when the duty to perform is excused.
This topic is of great interest, for it appears …show more content…
This case made it important to recognize there are often “implied conditions” in contract.
Personal Services- Implied Condition
Another area of contract law that I found interesting are the cases when an artist, writer, or special performer is unable to perform. Because unique and specialized works, such as a painting from a renowned artist is a unique and specialized work, the death of such artist or party to a personal works contract are considered impossible. In such personal works, the executors are not liable; “’Thus,’ says the learned author, ‘if an author undertakes to compose work, and dies before completing it, his executors are discharged from this contract: for the undertaking is merely personal in its nature, and, by the intervention of the contractor’s death, has become impossible to be performed.’”[2][3]This is unlike a construction worker building a simple porch.
Though he/she may feel their work is a specialty or artistic work, their work can be easily completed by another contractor. This is not the same as an artist or specialist where their