impossibility of performance

• In re Guardianship of Hards, (Ohio 2009)

PROBATE - guardianship; winding up; indirect civil contempt; vindicate power of the court; special master commissioner; successor guardian; assets; final accounting; jurisdiction; death of ward; failure to show cause for not complying with court orders; impossibility of performance; failure to purge.

• Ohio Supreme Court

• Commentary: Say What?

Businessman to attorney: "The seed deal came through. Even the mezzanine deal worked. But if we don't do the IPO, we'll take a haircut. Attorney to businessman: "Is the event a failure of condition precedent to the contract, or is it a breach of a covenant and warranty? Or have we invoked the doctrine of impossibility of performance?"

• Long Island Business News
• August 04, 2007

• Jones v. McAlarney Pools, Spas & Billiards, Inc., (Ohio 2008)

Contracts: Trial court did not err in finding company violated Consumer Sales Practices Act with contract for installation of a swimming pool; Trial court did not err in failing to void the installation contract due to impossibility of performance or in not finding that contractor failed to mitigate damages.

• Ohio Supreme Court

• Considerations in mounting a defense for life and health insurance agents.

Insurance agents are exposed to liability due to their middle position in insurance distribution. Common errors that lead to litigation include misrepresentations on the application, failure to explain policy coverage and provisions, and ignorance of multiple employer welfare arrangements. Defense counsel should ascertain whether the agent has coverage for errors and omissions or whether the insurance carrier is willing to assume responsibility for the agent's defense. Defense may involve removal to federal court, questioning insurer's disclaimer of coverage, insured's lack of entitlement to recover, or impossibility of performance.

• Defense Counsel Journal
• Vol. 62 Nbr. 2, April 1995

• Reitz v. Giltz & Assocs., Inc., (Ohio 2006)

CONTRACT/PROPERTY - contract; sale of land; real party in interest; trustee; Civ.R. 17(A); damages; liquidated damages; directed verdict; fair market value; resale price; judicial admission; mitigation of damages or avoidable consequences; reasonable efforts; prejudgment interest; impossibility of performance

• Ohio Supreme Court

• 46 CFR 310.58 - Service obligation for students executing or reexecuting contracts.

... such individual to reflect partial performance of service obligations and such other factors as t... there would be undue hardship or impossibility of performance due to accident, illness or other j...

• Code of Federal Regulations - Title 46: Shipping

• Skilton v. Perry Local School Dist. Bd. of Edn., (Ohio 2002)

ADMINISTRATIVE LAW - Standard of review for common pleas court; limited contract teacher considered re-employed until board complies with statute;approved medical leave; statutory requirement that teacher be observed twice during school year; impossibility of performance.

• Ohio Supreme Court

• Xenia v. Diaz, (Ohio 2006)

Trial court erred in refusing to conduct evidentiary hearing on issue of impossibility of performance. Reversed and Remanded.

• Ohio Supreme Court

• Temple v. Temple, (Ohio 2002)

Contempt, impossibility of performance, final judgment, signed judgment, notice of hearing, service of notice of hearing, void order, trust, marital property, discovery of trust property, successor trustee.

• Ohio Supreme Court

• Nelson Sand & Gravel, Inc. v. Ring, (Ohio 2002)

CONTRACTS – impossibility of performance; unforeseen event; nonperformance; unjust enrichment; implied-in-fact contract. DAMAGES – breach of contract; burden of proof; nature and extent of damages; expectation interest.

• Ohio Supreme Court