Chapter LXXVIII. Impossibility
Description
This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Chapter LXXVIII. Impossibility
Sec. 2667. General nature of impossibility. Sec. 2668. Classes of operative impossibility.
Sec. 2669. Original impossibility - Impossibility of fact - Impossibility apparent on face of contract. Sec. 2670. Original impossibilty - Impossibility of fact - Impossibility not apparent on face of contract. Sec. 2671. Difficulty or expense as original impossibility. Sec. 2672. Original impossibility - Impossibility of law.
Sec. 2673. Subsequent impossibility - Origin of modern doctrine.
Sec. 2674. Impossibility as affecting obligation not assumed by voluntary agreement.
Sec. 2673. Impossibility as affecting liability assumed by voluntary agreement -General nature of impossibility.
Sec. 2676. Classification of subsequent impossibility.
Sec. 2677. Assumption of risk as affecting impossibility.
Sec. 2678. Express provision as to effect of impossibility in case of death.
Sec. 2679. Impossibility as affected by entire or severable character of contract.
Sec. 2680. Partial impossibility of performance.
Sec. 2681. Classes of facts which constitute impossibility - Impossibility in contracts for personal services - Death - Dissolution of partnership.
Sec. 2682. Discharge of contract of agency.
Sec. 2683. Sickness - In general.
Sec. 2684. Sickness as affecting contracts to intermarry.
Sec. 2685. Death of party to contract not for personal services.
Sec. 2686. Involuntary detention.
Sec. 2687. Dissolution of corporation - Discharge of executory contracts.
Sec. 2688. Dissolution of corporation - Breach of executory contracts.
Sec. 2689. Dissolution of corporation - Contract between corporation and officer.
Sec. 2690. Dissolution of corporation - Special grounds for treating as discharge.
Sec. 2691. Distinction between voluntary and involuntary dissolution.
Sec. 2692. Destruction of specific subject-matter as discharge - General nature.
Sec. 2693. Special classes of contract - Work and labor on building of another.
Sec. 2694. Sales and bailments.
Sec. 2695. Sale of realty - Destruction of building.
Sec. 2696. Destruction of property not specific subject-matter not discharge.
Sec. 2607. Impossibility by subsequent act of domestic law - General principles.
Sec. 2608. Specific illustrations -Leases for sale of intoxicating liquors.
Sec. 2600. Contracts to issue passes.
Sec. 2700. Other illustrations.
Sec. 2701. Impossibility by subsequent act of foreign law.
Sec. 2702. Writ obtained by private litigant as act of law.
Sec. 2703. Events which could have been anticipated - Climatic conditions.
Sec. 2704. Epidemics and personal danger.
Sec. 2705. Difficulty of performance as impossibility.
Sec. 2706. Expense of performance as impossibility.
Sec. 2707. Insolvency as discharge.
Sec. 2706. Impossibility of one of several methods of performance as discharge.
Sec. 2700. Impossibility of accomplishing purpose of contract.
Sec. 2710. Positive contract to do certain act or pay damages.
IV. EFFECT OF IMPOSSIBILITY Sec. 2711. Effect of discharge by subsequent impossibility - Liability on contract. Sec. 2712. Impossibility of acceptance of unilateral contract, or of performance of express condition. Sec. 2713. Recognition of personal contract after death of party. Sec. 2714. Quasi-contractual rights arising on discharge by subsequent impossibility
- Risk assumed by one party. Sec. 2715. Apportionment of loss by special contract. Sec. 2716. Risk not assumed - Theory that loss lies where it falls. Sec. 2717. Risk not assumed - Theory of mutual restitution - Impossibility of fact. Sec. 2718. Theory of mutual restitution - Impossibility of law. Sec. 2719. Amount of recovery - Theory of reasonable compensation. Sec. 2720. Theory of recovery at contract rate with deduction for damages.
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