Assertion: impossibility | /r/HasProperty | due
Facets:
value: to his fault
type: CAUSE
value: to financial or economic hardship
type: CAUSE
value: to domestic law
type: CAUSE
value: to illness
type: CAUSE
Source sentences:
text: Impossibility must be due to unforeseen and uncontrollable circumstances, such as death, destruction of the subject matter, or failure of the means of deliver.
text: It is . . . fairly well settled that where impossibility is due to domestic law, to the death or illness of one who by the terms of the contract was to do an act requiring his personal performance, or to the fortuitous destruction or change in the character of something to which the contract related, or which by the terms of the contract was made a necessary means of performance, the promisor will be excused, unless he either expressly agreed in the contract to assume the risk of performance, whether possible or not, or the impossibility was due to his fault.
text: It is . . . fairly well settled that where impossibility is due to domestic law, to the death or illness of one who by the terms of the contract was to do an act requiring his personal performance, or to the fortuitous destruction or change in the character of something to which the contract related, or which by the terms of the contract was made a necessary means of performance, the promisor will be excused, unless he either expressly agreed in the contract to assume the risk of performance, whether possible or not, or the impossibility was due to his fault.
text: The SCA held that it is trite that where performance of an obligation by a party to an agreement becomes impossible after the conclusion of the agreement, that party is discharged from liability if it was prevented from performing its obligation by vis major, but not if the impossibility was due to its own fault.
text: Thus, where the impossibility or impractability of performance is due solely to financial or economic hardship, even where such hardship results in the party’s insolvency or bankruptcy, the courts will not excuse performance of the contract.