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

Resources:

• "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn)
• California Bar Examination – Essay Questions and Selected Answers, February 2009 (https://juraxbar.com/wp-content/uploads/2016/04/February-2009-CBX.pdf)
• California Bar Examination – Essay Questions and Selected Answers, July 2006 (https://nwculaw.edu/pdf/bar/July%202006%20Essays%20and%20Sample%20Answers.pdf)
• Taylor v. Caldwell (https://www.casebriefs.com/blog/law/commercial-law/commercial-law-keyed-to-lopucki/performance/taylor-v-caldwell-2/)
• Krell v. Henry (https://www.casebriefs.com/blog/law/commercial-law/commercial-law-keyed-to-lopucki/performance/krell-v-henry-2/)
• Podcast Episode 164: Listen and Learn – Contract Defenses (https://barexamtoolbox.com/podcast-episode-164-listen-and-learn-contract-defenses/)
• Podcast Episode 226: Listen and Learn – More Contract Defenses (https://barexamtoolbox.com/podcast-episode-226-listen-and-learn-more-contract-defenses/)

Download the Transcript (https://barexamtoolbox.com/episode-292-listen-and-learn-excuses-for-non-performance-of-a-contract/)

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Thanks for listening!

Alison & Lee