AK · jury_instructions
Alaska Civil Pattern Jury Instruction 24.08C
Affirmative Defense - Impracticability/Impossibility of Performance
[Defendant] claims that [his her its] failure to perform its obligations under the contract was excused because of what the law calls impracticability of performance.
[Defendant's] failure to perform is excused if it is more likely true than not true that:
(1) After the parties entered into the contract, an event occurred that made it impracticable for [defendant] to perform its obligations under the contract. Performance of a contract is impracticable when performance requires excessive and unreasonable difficulty, expense, injury or loss;
(2) The parties entered into the contract based on the assumption that this event would not occur; and
(3) The event was not [defendant’s] fault.
If you decide that all three of these things are more likely true than not true, then [defendant] is excused for failing to keep [his her its] promise and you must return a verdict for [defendant].
Otherwise, [defendant] is not excused [for this reason].
History
Alaska Civil Pattern Jury Instructions 24.08C, dated (Revised 2022). Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e790c15a52e1dfc19bd8d7c8a920257f97c2968537069e8ed75978a34875fb8a
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.