Discharge
by Operation of Law
ü Alteration of The
Contract.
ü Statutes of
Limitations.
ü Bankruptcy.
ü Impossibility or
Impracticability. à
Impossibility
or Impracticability of Performance
Objective Impossibility of
Performance.
§ Death or
incapacitation prior to performance;
§ Destruction of the
Subject Matter; or
§ Illegality in
performance.
Commercial Impracticability.
§ Key: Circumstances
not foreseeable.
Case 16.4: Cape-France v.
Estate of Peed (2001).
ü Frustration of
Purpose.
ü Temporary
Impossibility.
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