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Performance (When not avaliable (Relative impossibility (Practical…
Performance
When not avaliable
Absolute impossibility: Performance of the contract is objectively impossible, or if the objective has already been accomplished by other means.
General goods: There can never be absolute impossibility as these are readily available and the seller needs to find new product if he runs out at his own cost "genus non perit".
Specific goods: Absolute impossibility can exist as these require very specific performance and if it is not possible then it must be impossible.
England: Impossible in case of frustration, covers both impossibility and unforeseen circumstances, Taylor v Caldwell
Relative impossibility
Moral impossibility: Performance can't be demanded due to unreasonable danger to debtors own or someone else's life, health or freedom.
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Legal impossibility: Performance of the contract is prohibited by statute, public policy or good morals.
Practical impossibility: Performance can no longer be demanded due to unreasonable difficulty, expense, injury or loss
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When avaliable
Futile defect: It is difficult for debtor to argue that the creditor only has little interest in performance compared to the disproportionate efforts that the debtor may have to take.
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