but let's let's focus on the claim of the possibility that you believe was just what's made out here but in possibility tends to be more than it's too hard to do or there's before the lease was entered into we understand why was it impossible to fulfill them over what happened was the most awful complex child in the severity of those medical problems of the child mean that i don't understand well i why wasn't this communicate it early on and then not even result in a situation where the facts were stipulated to hear it may have been communicated but the facts were stipulated of that you know was he had a medical superior and that the apartment was unsuitable so it may have been communicated so yes but we have a stipulation that the we might run across another case that similar and the question is what do we do in that situation and do we say that that is impossible as well what if an individual what if the medical condition wasn't the son but it was his own  would he have a right to break the lease and say my medical condition doesn't allow me to live here anymore or what if he's a veteran who called every national guardsman or person who's called into duty and won't be able to eat their reside there anymore so we've allowed leases to be broken in that sense too or we call those impossible situations or not at all i think this is an extraordinary case why why is this case extraordinary what makes it extraordinary well certainly the use of i mean the age of the individual i think it's extraordinary because of the fact that any child born with medical severe problems like this that's a that's a unique circumstance alone and then you had of you know a reputable medical facilit that inspected though the studio apartment after the parents had to get special training just for this child to go home with them i mean you have to look at i mean those are all extraordinary circumstances to not have your child i don't think  and and i think that up as far as of the communications ocurred of even if the communications were made at the time that everything will curb they still have and the possibility that the event that was occurring makes the performance impossible what was it was that an impossibility he said was that simply a case where executive powers that took control of our or  declaration of war supersedes everything else oh sure yes or a i mean it's a possibility case because again he could have bought the captain could have gotten and he may have made it but but that case was enjoys as a contractual case a commercial case and and i think it will public policy that was always has to look look at the you know the human side of of it and saw it i think in that case be needed to maintain that one of the things and that's a good point i think the record does show that it is further letters are concerned i weber what these letters if this court reviews these letters they show what is the optimum method for this child this possibility analysis and i'm not aware of any case that says that impossibilities in any way connected to care work best here or any carried off it's a question of whether or not guarantor can they can they be can can we separate the two of them and say that sure we understand why the tenant at the behave but the guarantor has an obligation to fulfill the lease or at least mitigate the damages same position steps into the shoes of the tenet actually if you look at the lease of site in this particular case does the when you say steps into the shoes of the tenant has the geared towards step into the shoes that  only if we find that it was impossible if we find that it was extraordinarily and very close to impossible but we say you know somebody could have filled this can't we say that the guarantor should have been the one filling possibly  so that's a good point they weren't aware until much later they left i believe the record states in february i can only tell you from coming in this case later i didn't try this case my client wasn't worth a while after that time to take a big hit well the least have there's absolutely no question they're getting a possibility talking about frustration how are they supposed to get the benefit of the barking of their lease with their newborn baby that they cannot athlete care for in this  time i agree that it's something that probably is not likely and whether and it's our position it may be anticipated and that's all the case to say or the case of say either him to subpoena or the should have contracted against the provision they have not done this all against this when everybody else only imports the one that provides the least don't negotiate for x think that's a good point and i can tell you from looking at this lease if you look at page one of the lease a very general speed use for a lot  purposes the attached writer of the lease deals with the occupancy it's part of the record it's the first paragraph that's the lease on all the system says how many bits and who they are and who can resign it says two adults one child that has  benchley well maybe they can perceive my twins maybe they perceive there might be an after born child we don't want to be a guest and we don't know the condition there's nothing in the record to tell us about the condition of the pregnancy they don't know they may have well known this was going to be a well that's the way that that is the way that if they became value for personal service contracts in most cases actually one of the cases that was the parker case and the other was the davies case i got to make because they were placed side by counsel one of the cases they actually both levels denied the request under the circumstances that case however i do believe that what's relevant here in the supreme court cases is even though you're right a brings up a good point they did it would be a reasonable efforts they did negotiate the extra provision about the different children why they couldn't  doesn't allow you to perform a dance contract and yet you know grant i don't think so in my in my mind i think i think he was compelled to enter the judgment he entered by virtue of the facts that were stipulate illustration that one of the best illustrations of possibilities for performance or frustration is a fictional play written by william shakespeare and it it's a merchant of venice and to me