What constitutes impossibility of performance in contract law?

In contract law, impossibility of performance refers to a situation where an unforeseen event occurs that makes it literally impossible for one party to perform their obligations under the contract. This is a legal doctrine that recognizes that sometimes external factors beyond the control of the parties can arise, preventing the fulfillment of contractual duties.

For example, if a natural disaster occurs that destroys the subject matter of the contract or an unexpected change in law renders the performance illegal, this would qualify as impossibility. The key aspect is that the event must be genuinely unforeseen and not something that could have been anticipated or planned for by the parties involved.

In contrast, the other scenarios do not meet the criteria for impossibility. When one party fails to perform, it is typically a breach of contract rather than an impossibility. A contract not being signed reflects a lack of mutual assent or agreement but does not relate to performance issues. Delayed performance, while it may lead to complications, does not constitute impossibility unless the delay is so significant that it fundamentally alters the capabilities of parties to fulfill their obligations.