Supervening impossibility refers to the situation where an agreement or contract becomes unachievable or impossible to fulfil after it has been made. For instance, if an individual agrees to deliver a package but encounters a natural disaster that renders the delivery impossible, it is considered supervening impossibility. Neither party is at fault, but the agreement cannot be carried out due to unforeseen circumstances.
Supervening impossibility occurs when an unforeseeable event makes it impossible to fulfil a previously agreed upon contract or obligation. For instance, if a natural disaster prevents a person from delivering a package to a specified location on a certain date, they are not held responsible for the failure to deliver. Similarly, if a government regulation prohibits construction in a certain area, a construction company is not responsible for failing to complete a project on time. In both cases, the supervening impossibility releases the person or company from their obligation.
Supervening impossibility refers to a situation where the performance of a contractual obligation becomes objectively impossible due to unforeseen events or circumstances that were not anticipated by the parties at the time of entering into the contract.
Yes, supervening impossibility can excuse a party from performing their contractual obligations if the impossibility is genuine, unforeseen, and beyond the control of the party seeking to be excused.
Examples of events that may constitute supervening impossibility include natural disasters, war, government regulations, and the death or incapacity of a key person necessary for performance.
Supervening impossibility is applicable to all types of contracts, as long as the impossibility is genuine and meets the legal requirements for excusing performance.
No, supervening impossibility cannot be invoked if the event was foreseeable or could have been reasonably anticipated by the parties at the time of entering into the contract.
If a party believes supervening impossibility has occurred, they should notify the other party as soon as possible and provide evidence or documentation supporting their claim.
Yes, supervening impossibility can result in the termination of a contract if the impossibility is permanent and makes performance of the contract fundamentally impossible.
No, supervening impossibility cannot be claimed if the performance of the obligations is merely difficult or economically burdensome. It must be objectively impossible.
Yes, parties can waive or modify the application of supervening impossibility in a contract by including specific provisions that address the consequences of such events.
If supervening impossibility occurs, the affected party may be entitled to seek remedies such as termination of the contract, restitution of any payments made, or a renegotiation of the terms to accommodate the changed circumstances.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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