1. Breach of contract action by P against D. P claims D failed to deliver the go

Question

1. Breach of contract action by P against D. P claims D failed to deliver the goods called for in the contract. D asserts the doctrine of impossibility, based on the claim that severe storms caused flooding which destroyed all the goods in D's warehouse. To prove impossibility, D offers in evidence what appears to be a newspaper published in the town in which D's business is located, and which is dated a few days before D was supposed to ship P's order. An article in the paper reports the loss of all the goods in D's warehouse due to storm-related flooding. P objects on grounds of lack of authentication. How should the court rule? A. The court should overrule the objection B. The court should sustain the objection because the newspaper is not the best evidence of whether flooding caused the destruction of the goods in D's warehouse C. The court should sustain the objection if it finds that there is insufficient evidence to support a finding that this is the newspaper D claims it to be D. The court should sustain the objection if it finds that D has failed to show by a preponderance of the evidence that this is the newspaper D claims it to be. E. None of the above

Explanation / Answer

Contract impossibility, or “impossibility of performance”, is a commonly cited ground for contract termination. Impossibility is when the duties and contractual obligations of one or more parties cannot be fulfilled under normal circumstances. Some examples of this may include:

Impossibility of performance is often raised as a defense for breach of contract.

D failed to deliver the goods because of Natural disaster which distroyed all the goods in ware house D,hence he unable to perform the contract.it causes Breach of contract.

so court should overrule the objection claimed by P on the grounds of lack of authentication.

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