§ 74.Syn Synopsis to Chapter 74: impossibility of performance- personal inability

§ 74.1 Introduction to Impossibility and Frustration of Purpose

§ 74.2 Evolution of Impossibility and Frustration Doctrines-Representative Cases

§ 74.3 Impossibility of Performing a Promise That Is Caused by the Other Party

§ 74.4 Impossibility of Performance as a Discharge of Contractual Duty-''Act of God''

§ 74.5 What Is Meant by the Term Impossibility?

§ 74.6 Subjective Inability of a Contractor to Perform

§ 74.7 Unexpected Difficulties and Economic Loss-Commercial Impracticability

§ 74.8 Commercial Impracticability Under UCC § 2-615

§ 74.9 Increased Cost Cases Under UCC § 2-615

§ 74.10 Buyers of Goods and the Impracticability Defense

§ 74.11 Impracticability Under English Law

§ 74.12 International Sales of Goods-Impossibility Under the CISG

§ 74.13 Impossibility or Frustration Existing at the Time the Bargain Is Made

§ 74.14 Interpretation of the Contract May Show That Performance Is Not Impossible; Technological Impossibility

§ 74.15 When a Promisor Assumes the Risk of Impossibility of Performance-General Framework for Analysis

§ 74.16 Impossibility That the Promisor Could Have Avoided; Burden of Proof

§ 74.17 Alternative Performances, One of Which Becomes Impossible

§ 74.18 Discharge by Impossibility Based on a Condition Implied in Fact

§ 74.19 Force Majeure Clauses

Supp. To CHAPTER 74 IMPOSSIBILITY OF PERFORMANCE-PERSONAL INABILITY 9

Supp. to § 74.2 Evolution of Impossibility and Frustration Doctrines-Representative Cases

Supp. to § 74.3 Impossibility of Performing a Promise That Is Caused by the Other Party

Supp. to § 74.5 What Is Meant by the Term Impossibility?

Supp. to § 74.6 Subjective Inability of a Contractor to Perform

Supp. to § 74.7 Unexpected Difficulties and Economic Loss-Commercial Impracticability

Supp. to § 74.8 Commercial Impracticability Under UCC § 2-615

Supp. to § 74.9 Increased Cost Cases Under UCC § 2-615

Supp. to § 74.15 When a Promisor Assumes the Risk of Impossibility of Performance-General Framework for Analysis

Supp. to § 74.16 Impossibility That the Promisor Could Have Avoided; Burden of Proof

CHAPTER 75 DEATH OR DESTRUCTION OF SPECIFIC THINGS- PRORATING AVAILABLE SUPPLY 11

§ 75.Syn Synopsis to Chapter 75: death or destruction of specific things- prorating available supply

§ 75.1 Performance Rendered Impossible by Death or Disabling Illness

§ 75.2 Contracts of Service-Death of Servant or Employer

§ 75.3 Performance Rendered Impracticable by Danger to Life, Health, or Property

§ 75.4 Destruction of Specific Subject Matter Necessary to Performance-Overview

§ 75.5 Destruction of a Building in Course of Construction

§ 75.6 Failure of a Source of Supply; Crop Failures

§ 75.7 Destruction or Nonexistence of Contemplated Conditions or Means of Performance

§ 75.8 Effect of Refusal of Necessary Cooperation by a Third Party-Strikes and Other Interference With Performance

§ 75.9 Impossibility After Breach Has Already Occurred

§ 75.10 Circumstances Justifying the Prorating of Available Supply

Supp. To CHAPTER 75 DEATH OR DESTRUCTION OF SPECIFIC THINGS-PRORATING AVAILABLE SUPPLY 3

Supp. to § 75.2 Contracts of Service-Death of Servant or Employer

Supp. to § 75.4 Destruction of Specific Subject Matter Necessary to Performance-Overview

Supp. to § 75.6 Failure of a Source of Supply; Crop Failures

CHAPTER 76 LEGAL PROHIBITION-GOVERNMENT PROHIBITION AND EXIGENCIES OF WAR 12

§ 76.syn Synopsis to Chapter 76: LEGAL PROHIBITION-GOVERNMENT PROHIBITION AND EXIGENCIES OF WAR

§ 76.1 Legal Prohibition, Act of State, or Outbreak of War

§ 76.2 Impossibility by Government Requisition of a Ship or Vessel

§ 76.3 Government Requisition of a Factory or Other Facilities or Specific Property Required for Performance

§ 76.4 Prevention by Order or Decree of a Court or Administrative Officer

§ 76.5 Refusal of a License or Permit; Effect of Embargo

§ 76.6 Governmental Regulation Cases Under UCC § 2-615

§ 76.7 Impossibility of Temporary or Uncertain Duration

§ 76.8 Effect of a Governmental Moratorium-Bank Failure and Other Cases

§ 76.9 Outbreak of War May Make Performance Merely More Expensive

§ 76.10 Impossibility Caused by Foreign Law or Government

§ 76.11 Legal Impossibility Caused by Promisor's Own Act; Imprisonment

Supp. To CHAPTER 76 LEGAL PROHIBITION-GOVERNMENT PROHIBITION AND EXIGENCIES OF WAR 4

Supp. to § 76.1 Legal Prohibition, Act of State, or Outbreak of War

Supp. to § 76.4 Prevention by Order or Decree of a Court or Administrative Officer

Supp. to § 76.6 Governmental Regulation Cases Under UCC § 2-615

Supp. to § 76.7 Impossibility of Temporary or Uncertain Duration

CHAPTER 77 DISCHARGE BY FRUSTRATION OF PURPOSE 11

§ 77.syn Synopsis to Chapter 77: DISCHARGE BY FRUSTRATION OF PURPOSE

§ 77.1 Introduction to Frustration of Purpose as a Justification for Nonperformance

§ 77.2 Risks of Loss-The Assumption of Risk by Voluntary Assent; Allocation of Risk

§ 77.3 Frustration by a Collateral Event That Affects the Value of a Performance-The Coronation Cases and Beyond

§ 77.4 Leases-Partial or Total Frustration of Lessee's Purpose

§ 77.5 Termination of Lease by a Taking of the Property by Eminent Domain

§ 77.6 Contracts for Temporary Use and Occupation of Buildings

§ 77.7 School Teaching Contracts-Effect of Closing the School

§ 77.8 Frustration by Inflationary Devaluation of Money

§ 77.9 Other Illustrations of Frustration of Purpose

§ 77.10 Partial and Temporary Frustration

Supp. To CHAPTER 77 DISCHARGE BY FRUSTRATION OF PURPOSE 3

Supp. to § 77.1 Introduction to Frustration of Purpose as a Justification for Nonperformance

Supp. to § 77.2 Risks of Loss-The Assumption of Risk by Voluntary Assent; Allocation of Risk

Supp. to § 77.3 Frustration by a Collateral Event That Affects the Value of a Performance-The Coronation Cases and ...

CHAPTER 78 IMPOSSIBILITY OF PERFORMANCE OF A CONDITION; RESTITUTION IN CASES OF IMPOSSIBILITY 11

§ 78.syn Synopsis to Chapter 78: IMPOSSIBILITY OF PERFORMANCE OF A CONDITION; RESTITUTION IN CASES OF IMPOSSIBILITY

§ 78.1 Impossibility of Performing a Condition Precedent to the Defendant's Duty-Notices, Certificates, Appraisals

§ 78.2 Performance of the Agreed Exchange as a Condition-Effect of Its Impossibility

§ 78.3 Impossibility of Paying Premiums on an Insurance Contract

§ 78.4 Impossibility of Performance on Time; Option Contracts

§ 78.5 Impossibility of Bringing Suit Within a Time Limit

§ 78.6 Restitution as a Remedy in Cases of Impossibility

§ 78.7 Restitution Against a Defendant Whose Duty Has Been Discharged by Impossibility

§ 78.8 Restitution in Favor of a Plaintiff in Default Without Lawful Excuse

§ 78.9 Restitution in Favor of One Whose Failure of Performance Is Excused by Impossibility

§ 78.10 Compensation for Services Rendered When Completion Has Become Impossible Without Fault

Supp. To CHAPTER 78 IMPOSSIBILITY OF PERFORMANCE OF A CONDITION; RESTITUTION IN CASES OF IMPOSSIBILITY 2

Supp. to § 78.2 Performance of the Agreed Exchange as a Condition-Effect of Its Impossibility

Supp. to § 78.6 Restitution as a Remedy in Cases of Impossibility

APPENDIX TO VOLUME 14 15|23|27

Synopsis to Appendix : APPENDIX TO VOLUME 14

RESTATEMENT (SECOND) OF CONTRACTS 1

229. Excuse of a Condition to Avoid Forfeiture

261. Discharge by Supervening Impracticability

265. Discharge by Supervening Frustration

266. Existing Impracticability or Frustration

269. Temporary Impracticability or Frustration

270. Partial Impracticability

ARTICLE 2. SALES 1|5

PART 6. BREACH, REPUDIATION AND EXCUSE 4

2-613. Casualty to Identified Goods.

2-614 Substituted Performance.

2-615. Excuse by Failure of Presupposed Conditions.

2-616. Procedure on Notice Claiming Excuse.

SECTION IV. EXEMPTIONS 2

Article 79 Scope

Article 80 Scope

SECTION V. EFFECTS OF AVOIDANCE 4

Article 81 Scope

Article 82 Scope

Article 83 Scope

Article 84 Scope

Article 6.2.1 (Contract to be observed)

Article 6.2.2 (Definition of hardship)

Article 6.2.3 (Effects of hardship)

Article 7.1.7 (Force majeure)

PART VIII CONTRACTS CONTRARY TO PUBLIC POLICY 19|235

CHAPTER 79 INTRODUCTION TO CONTRACTS CONTRARY TO PUBLIC POLICY 8