Impossibility

Question 1

Is the Impossibility standard Objective or Subjective?

Answer 1

Objective:

- in order to be impossible, the performance must be objectively impossible by anyone

Question 2

Impossibility is a defense that can be asserted by who?

Answer 2

The person who is unable to perform

Question 3

When does Impossibility not apply?

Answer 3

1. Performance is rendered impossible by the contractors own act, or failure to act
2. Or the actions or failure of those bound him