Impossibility Only Excuses Performer
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
14499_impossibility-restitution · CONTRACTS · Choice AOnly Timothy's contractual duty is discharged, because Lydia's obligation to pay cash is not impossible to perform.
Why it's attractive
The choice says only Timothy's duty is discharged because Lydia can still hand over cash. But impossibility of the subject matter discharges BOTH sides. If the thing to be built is destroyed, the buyer's payment obligation is also excused.
Why it's wrong
The choice says only Timothy's duty is discharged because Lydia can still hand over cash. But impossibility of the subject matter discharges BOTH sides. If the thing to be built is destroyed, the buyer's payment obligation is also excused.
14499_impossibility-restitution · CONTRACTS · Choice BOnly Timothy's contractual duty is discharged, and Timothy can recover his reliance damages from Lydia.
Why it's attractive
This choice gets the discharge right (only Timothy) but then picks reliance damages. Reliance damages compensate what you spent preparing to perform. Restitution recovers the value of what you actually gave the other person. After impossibility, the remedy is restitution, not reliance.
Why it's wrong
This choice gets the discharge right (only Timothy) but then picks reliance damages. Reliance damages compensate what you spent preparing to perform. Restitution recovers the value of what you actually gave the other person. After impossibility, the remedy is restitution, not reliance.
14499_impossibility-restitution · CONTRACTS · Choice DBoth parties' contractual duties are discharged, and Timothy can recover nothing from Lydia.
Why it's attractive
This feels clean and fair — contract is dead, nobody owes anything. But Timothy already built half a bookshelf in Lydia's home. She received a real benefit. Letting her keep it for free is unjust enrichment. Restitution survives discharge.
Why it's wrong
This feels clean and fair — contract is dead, nobody owes anything. But Timothy already built half a bookshelf in Lydia's home. She received a real benefit. Letting her keep it for free is unjust enrichment. Restitution survives discharge.
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