Some courts use the notion of impracticability or frustration instead of impossibility.

Question

Quizplus · Accepted Answer

Some courts do indeed use the concepts of impracticability or frustration instead of impossibility as a defense for non-performance of a contract. These concepts involve a situation where, while not technically impossible, it would be extremely difficult or impractical for one party to carry out their obligations under the contract due to unforeseen circumstances or events outside of their control.

Some Courts Use the Notion of Impracticability or Frustration Instead