527: Listen and Learn -- Excuses for Non-Performance of a Contract

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

Welcome back to the Law School 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://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#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 341: Listen and Learn – Contract Defenses (https://lawschooltoolbox.com/podcast-episode-341-listen-and-learn-contract-defenses/)

Download the Transcript (https://lawschooltoolbox.com/episode-527-listen-and-learn-excuses-for-non-performance-of-a-contract/)

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Thanks for listening!

Alison & Lee