UT · jury_instructions
MUJI 2d CV2125
Impossibility/Impracticability.
[Name of defendant] claims that [his] performance under the contract was made impossible or highly impracticable by an unforeseen supervening event.
"Highly impracticable" means that performance under the contract can be done only at an excessive and unreasonable cost.
A "supervening event" is an event that creates a major change in the expected circumstances.
[Name of defendant] makes this assertion based on the following circumstances:
To prevail on this claim defendant must show:
[Insert description of circumstances, such as death of essential participant, destruction of essential property, unforeseen change of law, act of God, etc.]
If you decide that [name of the defendant] has proved these circumstances just described are a supervening event, unforeseen at the time the contract was entered into and occurred through no fault of [name of defendant] and that the circumstances rendered [name of defendant]'s performance of the contract impossible or highly impracticable, then [name of defendant]'s obligations under the contract are excused.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
3620b4509eb63f8a27290f34b72dfba84e5bfb28dbdc0836ca2db0354112ac9e
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