A homeowner hired a landscaping company to plant 10 trees for $1,000. The contract specified that the trees must be planted by the end of May. Due to unusually heavy rains, the ground remained too saturated for proper planting until June 10th. Planting before this date would have significantly increased the risk of the trees dying. The landscaping company informed the homeowner of the delay and explained the reason. The homeowner insisted on adherence to the May deadline, but the company refused, stating it was impossible to plant safely. The homeowner then tried to hire another company, but none were available until July. Is the landscaping company in breach of contract for not planting by May 31st?
- ANo, because performance was temporarily impossible due to an act of nature, excusing the delay.
- BYes, because the company should have foreseen potential weather delays.
- CNo, because the homeowner did not suffer actual damages from the delay.
- DYes, because the contract specified a firm deadline, and the company failed to meet it.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because performance was temporarily impossible due to an act of nature, excusing the delay.
This scenario involves the doctrine of impossibility or impracticability. When an unforeseen event occurs after contract formation, without the fault of either party, that makes performance impossible or highly impracticable, the duty to perform may be discharged or temporarily suspended. Here, the heavy rains made safe and proper planting impossible by the deadline, and this was an unforeseen event. Therefore, the company's performance is temporarily excused, and they are not in breach for the delay.
Why the other options are wrong
- B. While some weather is foreseeable, unusually heavy rains preventing safe planting might exceed what's reasonably expected, especially if it creates a risk of tree death.
- C. Breach is determined by failure to perform, not necessarily by the extent of damages. However, here, performance is excused.
- D. While the deadline was firm, the impossibility of performance due to unforeseen circumstances can excuse a breach.
Impossibility/Impracticability of Performance
A doctrine that excuses a party's performance when an unforeseen event, occurring after contract formation and without the party's fault, makes performance either objectively impossible or commercially impracticable (extremely burdensome or costly).
- Must be an unforeseen event, not merely increased difficulty or expense.
- Performance must be objectively impossible or commercially impracticable (not just subjectively difficult for the promisor).
- Destruction of subject matter, death/incapacity of unique person, or new law are common examples.
- Temporarily excuses performance; permanent impossibility discharges the contract.
Memory trick: Law's hand can discharge when fate takes charge!