Impossibility of Performance in Florida
Impossibility of performance is a contract law defense that excuses a party from its obligations when performance has become objectively impossible due to circumstances beyond the party’s control. Florida courts recognize this doctrine under common law but apply it narrowly, requiring true impossibility rather than mere difficulty or increased cost.
When Impossibility Applies
Florida courts excuse performance when:
- Subject matter destruction: The property or goods that are the subject of the contract are destroyed (fire, hurricane, sinkhole)
- Change in law: New legislation or regulation makes performance illegal
- Death or incapacity: A person essential to performance dies or becomes incapacitated
- Government action: Condemnation, eminent domain, or regulatory prohibition
The impossibility must be objective (no one could perform under the circumstances), not subjective (this particular party cannot afford to perform).
Florida Real Estate Applications
Impossibility frequently arises in Florida property transactions:
- Property destroyed or substantially damaged before closing
- Eminent domain condemnation of the property
- Title defects making conveyance legally impossible
- Zoning changes prohibiting the intended use
- Environmental contamination preventing planned development
Under the Uniform Vendor and Purchaser Risk Act, if property is materially damaged before closing and risk has not shifted to the buyer, the buyer may rescind and recover the deposit.
Impossibility vs. Impracticability
- Impossibility: Performance is truly impossible. No one could do it.
- Impracticability: Performance is possible but unreasonably difficult or expensive. Florida courts require extreme, unforeseeable difficulty, not merely increased cost.
- Florida courts generally favor enforcing contracts as written and are reluctant to excuse performance based on impracticability alone.
Related Terms
- Contract — Agreement creating obligations
- Breach of Contract — Failure to perform
- Force Majeure — Contractual excuse for extraordinary events
- Rescission — Cancellation of a contract
Barnes Walker Contract Litigation
Barnes Walker’s litigation attorneys advise on impossibility and impracticability defenses in real estate and business contract disputes throughout Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC