CO · jury_instructions
CJI-Civ. 30:23
Defense — Impossibility of Performance
The defendant, (name), is not legally responsible to the plaintiff, (name), on the
plaintiff’s claim of breach of contract if the affirmative defense of impossibility of
performance is proved. This defense is proved if you find all of the following:
1. An event, (insert an appropriate description of the event, i.e., the Act of God, change
of law, death of essential party, etc., on which the defendant relies), occurred that could not
reasonably be anticipated by the plaintiff and the defendant when they entered into the
contract; and
2. The defendant did not cause the event; and
3. The event (made the defendant’s performance of the contract physically
impossible) (or) (made the defendant’s performance impracticable because of [a change in
law] or an extreme and unreasonable [difficulty,] [expense,] [risk of personal injury,] [or]
[loss]).
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
da68778bc2b49bbf40a1109b48b8aa0b8387c34fd4f1cfd9c9a2de21573ed942
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