Welcome back to the Bar Exam Toolbox podcast! In this episode from our “Listen and Learn” series, we’re exploring the situations in which a party to a contract is claiming that their contractual obligations should be discharged as a result of supervening events that occurred after the formation of the contract. The three excuses for non-performance of a contract we’ll look at are: impossibility, impracticability, and frustration of purpose.
In this episode we discuss:
- The rules for the impossibility, impracticability, and frustration of purpose excuses for non-performance of a contract
- Two essay questions from previous California bar exams
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Resources:
- “Listen and Learn” series
- California Bar Examination – Essay Questions and Selected Answers, February 2009
- California Bar Examination – Essay Questions and Selected Answers, July 2006
- Taylor v. Caldwell
- Krell v. Henry
- Podcast Episode 164: Listen and Learn – Contract Defenses
- Podcast Episode 226: Listen and Learn – More Contract Defenses
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