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Discharge by the Impossibility of Performance occurs when any of the parties of the contract cannot or will not be able to fulfill their promises or obligation as per the contract terms and conditions. The impossibility to perform can arise before or after the contract is formed. For instance, the impossibility to perform can happen after the contract due to: a sudden change in law, announcement of war, or elimination of the vital points for performing the contract.
Some of the creative examples of situations in which a contract is discharged by the Impossibility of Performance are:
Individual X made a contract with Y to marry his older sister Z within a time period of 3 years. After the contract is made and duly signed by both the parties, X met with a car accident. This situation signifies the impossibility to perform the contract which is why stands discharged.
A company is involved in an agreement with other countries for the import of goods but suddenly government guidelines changed and make the import impossible. This situation makes the contract stands discharged.