California First-Year Law Students' Exam (Baby Bar) — MCContractsMedium
A musician agrees to perform at a private party for $1,000. Three days before the party, the musician's hand is severely broken in an unforeseeable accident, making it impossible to play their instrument. The party host demands that the musician find a replacement or still pay damages for breach of contract. Is the musician obligated to perform or find a replacement?
- ANo, the musician's performance is excused due to impossibility of performance.
- BYes, unless the contract explicitly stated that the musician's injury would excuse performance.
- CYes, the musician is obligated to find a replacement because the contract did not specify a unique personal service.
- DNo, but the musician must still pay damages for failure to perform.
Show answer & explanationAnswer & explanation
Correct answer: A. No, the musician's performance is excused due to impossibility of performance.
When personal services are contracted, and the specific person whose services are essential to the performance becomes incapacitated (e.g., through death or severe injury), performance is excused under the doctrine of impossibility of performance. The accident was unforeseeable, and it makes performance by *this specific musician* impossible.
Why the other options are wrong
- B. This is incorrect. Impossibility of performance is a legal doctrine that applies by default, even without an explicit clause in the contract, particularly for personal service contracts.
- C. This is incorrect. A musician's performance is generally considered a unique personal service, and finding a replacement is not typically required when performance becomes impossible due to personal incapacity.
- D. This is incorrect. If performance is excused by impossibility, there is no breach, and therefore no damages are owed.
Impossibility of Performance
A contract defense where unforeseen circumstances make performance objectively impossible, thereby excusing the party from their contractual obligations.
- Event must be unforeseeable.
- Makes performance objectively impossible (not just difficult).
- Typically applies to destruction of subject matter, death/incapacity of essential person, or new law.
Memory trick: Impossibility: When fate says 'Nope,' the law says 'Okay, you're off the hook.'