Role of Impossibility in Discharge by Frustration
Explain the role of Impossibility in Discharge by Frustration?
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Performance requires existence of a specific thing, and that thing perishes or is otherwise unavailable for a prolonged period of time (e.g., a beach house that Party A was going to rent to Party B burns down). Contract requires personal performance by the promisor, who dies or becomes incapacitated through illness. Performance is subsequently prohibited by law.
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