What is Impossibility of Performance?
March 29, 2019Impossibility of performance occurs when the contractual duties of one or more parties cannot be fulfilled due to circumstances out of their control. It is a defense to a breach of contract claim. Sometimes unforeseen or unexpected events make it impossible to fulfill the terms of the contract. Some typical example…
DetailsAre Limitation of Liability Clauses Enforceable?
February 25, 2019A limitation of liability clause in a contract reduce exposure by limiting the amount or type of damages for which the breaching defendant is responsible. For example, a limitation of liability clause may limit a company’s liability to: Only the compensation/fees paid under the contract Damages other than, say, l…
DetailsWhen Does a Contract Violate Public Policy?
February 19, 2019A contract that is contrary to public policy is not enforceable, but what exactly is public policy and how are violations determined? Public policy is a system of laws, regulations, court decisions, and societal norms that citizens are expected to follow. Since public policy changes over time, the application of pu…
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