How To Prove A California Impossibility (Impracticability) Defense

In California, a defense of Impossibility (Impracticability) is defined as:
Under contract law, impossibility or impracticability is an excuse that can be used by a party as an excuse for non-performance when an unforeseen event occurs after the contract is made which makes performance impossible.
It simply means:
A defense to carrying out obligations of a contract because it is impractical or impossible.
There are 4 elements of the defense:
- Element 1. There was a contract or agreement between the plaintiff and defendant. In a legal case, the impossibility defense can be used when there is a contract between two parties, where one party claims they cannot fulfill their obligations due to unforeseen circumstances that make it extremely difficult or impossible to do so.
Facts that might support this element look like:
* The plaintiff and defendant exchanged signed documents outlining the terms of their agreement, including specific obligations and deadlines.
* Both parties engaged in discussions and negotiations that culminated in a mutual understanding of their respective responsibilities under the contract.
* The defendant provided goods and services to the plaintiff as stipulated in their agreement, demonstrating the existence of a contractual relationship.
* The plaintiff made partial payments to the defendant, indicating acceptance of the contract and performance on both sides.
* The parties communicated regularly about the contract’s terms, confirming their intent to be bound by the agreement. - Element 2. An intervening or supervening circumstance that was not anticipated occurred. An intervening or supervening circumstance refers to an unexpected event that happens after a contract is made, making it impossible or extremely difficult for one party to fulfill their obligations, which they could not have predicted or controlled.
Facts that might support this element look like:
* A sudden and severe natural disaster, such as a hurricane, rendered the contracted site completely inaccessible, preventing any performance of the agreement.
* A government-imposed travel ban unexpectedly restricted access to necessary materials, making it impossible to fulfill the contractual obligations.
* A key supplier unexpectedly went out of business, eliminating the availability of essential components required for the project.
* A critical piece of equipment was destroyed in an unforeseen accident, making it impracticable to complete the work as agreed.
* A sudden change in law prohibited the performance of the contract, creating an unforeseen legal barrier to compliance. - Element 3. The circumstance was outside the control of the parties. This means that the situation causing the problem was something neither party could have predicted or prevented, making it impossible for them to fulfill their agreement.
Facts that might support this element look like:
* A sudden natural disaster, such as a hurricane, rendered the performance of the contract impossible due to widespread destruction of infrastructure.
* A government-imposed lockdown due to a public health crisis prohibited all business operations, making it impossible for the parties to fulfill their contractual obligations.
* An unexpected and severe shortage of essential materials, caused by a global supply chain disruption, made it impracticable for the parties to complete the contract as agreed.
* A key party to the contract was incapacitated due to an unforeseen medical emergency, preventing them from fulfilling their responsibilities under the agreement.
* A change in law or regulation occurred after the contract was signed, making the agreed-upon performance illegal and outside the control of the parties. - Element 4. The circumstance rendered performance impracticable or impossible. This means that something happened that made it extremely difficult or completely unfeasible for a person to fulfill their obligations in a contract, such as a natural disaster or a sudden law change, making it unreasonable to expect them to perform as agreed.
Facts that might support this element look like:
* A sudden and severe natural disaster destroyed the venue where the event was to be held, making it impossible to proceed as planned.
* A government-imposed travel ban prevented key participants from reaching the location necessary for fulfilling the contractual obligations.
* An unexpected and prolonged illness of a critical team member rendered the performance of essential tasks unfeasible.
* A significant shortage of necessary materials due to supply chain disruptions made it impossible to complete the project on time.
* A change in law prohibited the execution of the contract, creating an insurmountable barrier to performance.
(See Citizens of Humanity, LLC v. Caitac Int’l, Inc., No. B215233, 2010 WL 3007771 (Cal. Ct. App. Aug. 2, 2010). Kruse, Kruse & Miklosko v. Beedy, 353 NE 2d 514 – Ind: Court of Appeals, 3rd Dist. 1976. Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga, 175 Cal. App. 4th 1306 – Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. 2009.)
If you’re representing yourself in court and plan to assert a Defense of Impossibility (Impracticability), having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively present your Defense.
Prove Your CA Impossibility (Impracticability) Defense
U.S. Civil Cases Only