How can a party affirmatively prove impossibility of performance?

How can a party affirmatively prove impossibility of performance?

• A. By demonstrating lack of desire to perform
• B. By showing external factors made performance impossible
• C. By claiming unexpected loss of profits
• D. By settling a dispute out of court

Answer: (B)

The correct choice is grounded in the legal principle of impossibility of performance, which refers to situations where a party cannot fulfill their contractual obligations due to unforeseen external factors. When a party seeks to affirmatively prove that performance has become impossible, they must demonstrate that circumstances beyond their control have made it objectively impossible to execute the terms of the contract. This could include events such as natural disasters, changes in law, or the destruction of the subject matter of the contract. Establishing this type of impossibility requires clear evidence that the external factors genuinely hinder performance, which sets it apart from subjective factors such as willingness or desire. A simple desire not to perform, potential profit loss, or settling a dispute do not establish a sound legal basis for arguing impossibility. Thus, showing that specific external factors have rendered the performance impossible is the appropriate way to affirmatively prove this claim.

The correct choice is grounded in the legal principle of impossibility of performance, which refers to situations where a party cannot fulfill their contractual obligations due to unforeseen external factors.

When a party seeks to affirmatively prove that performance has become impossible, they must demonstrate that circumstances beyond their control have made it objectively impossible to execute the terms of the contract. This could include events such as natural disasters, changes in law, or the destruction of the subject matter of the contract.

Establishing this type of impossibility requires clear evidence that the external factors genuinely hinder performance, which sets it apart from subjective factors such as willingness or desire. A simple desire not to perform, potential profit loss, or settling a dispute do not establish a sound legal basis for arguing impossibility. Thus, showing that specific external factors have rendered the performance impossible is the appropriate way to affirmatively prove this claim.