Section 7.18 Impossibility and Commercial Frustration
| Library | Contracts 2016 Supp |
7. (§7.18) Impossibility and Commercial Frustration
A party has not breached a contract if performance was impossible. See Bolz v. Hatfield, 41 S.W.3d 566, 573 (Mo. App. S.D. 2001). Performance is impossible only if the party under a duty to perform took virtually every action within its power to perform its duties but was unable to. Id.
Even if performance is possible, it may be excused under the doctrine of commercial frustration if an unforeseen event, not caused by or controlled by either party, nearly destroys the value of the contract for one of the parties. Adbar,...
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