impossibility of performance is as a rule not an excuse for non performance of contract

Strikes, lock-outs, civil disturbances and riots, Where a Jay Young is a Las Vegas, Nevada attorney. } document.frmCalc.rdg.value = ""; 2001) (under California law, a party claiming performance was excused by an express force majeure provision must show “affirmatively that his failure to perform was proximately caused by a contingency within [the] terms [of the force majeure clause]; [and] that, in spite of skill, diligence and good faith on his part, performance became impossible or unreasonably expensive”). "Impossibility of performance is, as a rule, not an excuse for non-performance of a contract." Relying on the common law of “impossibility of performance” is difficult as the South African … S.D.N.Y. document.frmCalc.txtBtotal.value = "";

document.frmCalc.txtTotal.value = addComma(RoundNumbers(tot1 + tot2)); //total cost Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. }

j = thenumber.length; In the absence of an express contractual provision, a party might seek to excuse nonperformance of its contractual obligations pursuant to the related common-law doctrines of impossibility, impracticability of performance, or frustration of purpose. var monthly_int_rate = 0; 2001) (emphasis added). Of course, there is no one-size-fits-all answer to this question, and the legal ramifications of the virus on any particular business and its particular contractual obligations will be fact-specific and dependent on the specific provisions of each contract and the particulars of the state laws that governs each contract’s interpretation and enforcement. Please see http://nevadalaw.info/disclaimer document.frmCalc.txtPurch.focus()

tot1 = CalculateTransferFees(0); [25] See, e.g., Comedy Club, Inc. v. Improv W. else { var tot2 = 0;

p = Math.pow((1 + monthly_int_rate), (-1 * month_term)); return runTotal; var Aktex = 140; Failing to Treat Your Protectable Information Like a “Secret” May Preclude Trade Secret Protection, Model Objections to Written Discovery (Interrogatories, Requests to Produce, and Requests for Admission), The Elements for the Claim of Alter Ego (Piercing the Corporate Veil), The Regulation And Operations Of Financial Institutions in Nevada, View all posts by Jay Young, Mediator and Arbitrator. return RoundNumbers(Amt * (VAT_rate / 100)); Where the difficulty or obstacle does not make performance objectively impossible, and the personal inability of a promisor to perform (frequently designated as subjective impossibility, being impossibility which is personal to the promisor and does not inhere in the nature of the act to be performed) does not excuse nonperformance of the contractual obligation.

int_perc = i / 100; Impossibility Supervening impossibility makes a document.frmCalc.calcOption.value = 2; }

document.frmCalc.txtBtotal2.value = document.frmCalc.txtBtotal.value; //bond cost breakdown total }

return runTotal; numVar = "0" var runTotal = 0;

87 Nev. 55, 57-58, 482 P.2d 305, 307. }

[8] See, e.g., VICI Racing, LLC v. T-Mobile USA, Inc., 763 F.3d 273, 288 (3d Cir. var AmtBondC4 = 325;

return bond; A contract may also include a material adverse effect (MAE) or material adverse change (MAC) clause that, depending on the particular facts and circumstances and the specific language included in the clause, may be invoked to excuse a contracting party’s performance in light of the COVID-19 pandemic. The obligation to comply with a contractual obligation due to FM will however not be terminated (or suspended if applicable) where: As a general rule, where a contractual obligation cannot be performed due to FM, counter obligations of the other party are also not due. thenumber = thenumber + " ";

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