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we said previously that any non-performance by one of the parties amounts to a bdocHub of the contract while this is of course true in most cases there are certain exceptions to the general rule namely it is possible that non-performance is not the fault of a party but rather based on a change in circumstances this refers to three specific grounds which if present may excuse a partys failure to perform impossibility impracticability and frustration of purpose lets look at these in turn in the case of impossibility contract performance becomes objectively impossible to perform for one or both parties as a consequence both parties are discharged from their obligation to perform common examples include death or incapacity of a party who is to perform personal services such as a teacher actor or artist another example of impossibility is when the purpose of the contract becomes illegal for instance because of a change in the law banning certain types of transactions yet another scenario o
