Question

A woman entered into a contract with a famous painter for a portrait of her cat. Tragically, the painter, the cat, and the half-completed portrait perished together in a fire.
If the woman sues the painter's estate for breach of contract, a court will likely find that the fire caused the painter's contractual duties to be discharged by:___________

Answer 1

Answer:

It would find the impossibility excuse which would mean that no further duties could possibly be discharged by the painter under these circumstances and all duties before these circumstances occurred had been discharged by the painter.

Explanation:

The impossibility defense would mean that since it is impossible for the painter to discharge his duties due to the cat, the painting, and the painter himself having perished in the fire, an action which is non reversible, It is impossible for the work to continue.

Answer 2

Answer:

impossibility

Explanation:

A discharge of contract by impossibility of performance happens when the duty being contracted can no longer be formed due to death, or illness, or maybe as a result of a reason caused by the other party being involved in the contractual process. The painting is the subject matter which was destroyed in the process as stated in the question and if the painter remained alive, while other things got destroyed, he or she could be in a better position to repaint what was required either from the memory of the cat being retained or from a possible photograph of the cat that was taken before the incident.