LS 311 Week 5 Case study Ron Blair apa
There are three elements to impossibility of performance. The first element is death. If the person who was supposed to perform the contract dies or is physically incapacitated prior to the contract performance, it will be objectively impossible to carry out the contract(Miller &Jentz, 2008). Another element is that the subject matter of the contract is destroyed (Miller &Jentz, 2008). An example of this would be if a giant sinkhole developed under Millie's farm and swallowed up the entire farm, it would be impossible for Millie to satisfy the contract. Finally, the last element is when a change in the law prohibits the performance of the contract (Miller &Jentz, 2008). The only way that I can think of that would apply the law to this scenario would be if there was a water ban where the corn was being grown. If the municipality bans the use of water usage for crops, and thus all the crops died due to lack of water, the contract would be void. Granted, she could truck in water from somewhere else, but that would fall under commercial impracticability.
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