Impossibility Defense

Objective impossibility excuses performance when it becomes literally impossible due to unforeseen events.

Representative cases

• L & C County v. Wirth 2022 MT 105 · Montana Supreme Court
• Dutrac Community Credit Union and Kwik Trip, Inc. v. Radiology Group Real Estate, L.C., Shamrock Properties, L.C. Duffy Family Limited Partnership Bigger Better Betty Building, L.L.C. And Quad City Oms, L.C. 891 N.W.2d 210 · Supreme Court of Iowa
• Larson Latham Huettl v. Iversen 2023 ND 16 · North Dakota Supreme Court

Related Excuse & Discharge rules

• Impracticability DefenseImpracticability excuses performance when extreme difficulty or expense fundamentally alters the nature of the…
• Frustration of PurposeFrustration excuses performance when the contract’s principal purpose is substantially undermined by unforeseen events.
• Accord and SatisfactionA new agreement to discharge a claimed obligation is an accord; performance of the accord is satisfaction.
• NovationA novation is a substituted contract replacing one party with another, requiring consent of all parties.
• Accord vs. ModificationAn accord is a new agreement for substitute performance; a modification changes existing obligations.

Part of Contracts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.