Commercial Impossibility does not make the contract _________.a)Validb...
It is important to note the distinction between impossibility and frustration (often called impracticability or commercial frustration). Impossibility involves cases in which a party is unable to perform due to a supervening event occurring after execution of the contract.
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Commercial Impossibility does not make the contract _________.a)Validb...
Explanation:
Commercial impossibility refers to a situation where the performance of a contract becomes impossible due to unforeseen circumstances or events beyond the control of the parties involved. It is an exception to the general rule that parties are bound by the terms of their contract.
Void Contracts:
A void contract is a contract that is considered to be invalid from the beginning. It lacks the essential elements required for a valid contract, such as mutual assent, consideration, and lawful object. A void contract is treated as if it never existed, and the parties are not bound by its terms.
Validity of the Contract:
In the given statement, it is stated that commercial impossibility does not make the contract void. This means that the contract remains valid despite the impossibility of performance. A valid contract is one that meets all the essential elements required for a contract to be enforceable.
Enforceability:
Although the performance of the contract may become impossible due to commercial impossibility, the contract itself remains valid and enforceable. The parties are still bound by the terms of the contract, and if one party fails to perform, the other party may seek legal remedies for breach of contract.
Exceptions:
However, it is important to note that commercial impossibility may provide grounds for the parties to seek relief from the contract. In such cases, the parties may be able to invoke legal doctrines such as frustration of purpose or impracticability to excuse their performance. These doctrines provide a defense against the enforcement of the contract based on the changed circumstances that make performance impossible or impracticable.
In conclusion, commercial impossibility does not make the contract void. The contract remains valid and enforceable, although it may provide grounds for the parties to seek relief from performance based on legal doctrines such as frustration of purpose or impracticability.