527: Listen and Learn -- Excuses for Non-Performance of a Contract episode artwork

EPISODE · Oct 27, 2025 · 17 MIN

527: Listen and Learn -- Excuses for Non-Performance of a Contract

from The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond · host Law School Toolbox

Welcome back to the Law School Toolbox podcast! In this episode from our "Listen and Learn" series, we're exploring the situations in which a party to a contract is claiming that their contractual obligations should be discharged as a result of supervening events that occurred after the formation of the contract. The three excuses for non-performance of a contract we'll look at are: impossibility, impracticability, and frustration of purpose. In this episode we discuss: The rules for the impossibility, impracticability, and frustration of purpose excuses for non-performance of a contract Two essay questions from previous California bar exams Resources: "Listen and Learn" series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn) California Bar Examination – Essay Questions and Selected Answers, February 2009 (https://juraxbar.com/wp-content/uploads/2016/04/February-2009-CBX.pdf) California Bar Examination – Essay Questions and Selected Answers, July 2006 (https://nwculaw.edu/pdf/bar/July%202006%20Essays%20and%20Sample%20Answers.pdf) Taylor v. Caldwell (https://www.casebriefs.com/blog/law/commercial-law/commercial-law-keyed-to-lopucki/performance/taylor-v-caldwell-2/) Krell v. Henry (https://www.casebriefs.com/blog/law/commercial-law/commercial-law-keyed-to-lopucki/performance/krell-v-henry-2/) Podcast Episode 341: Listen and Learn – Contract Defenses (https://lawschooltoolbox.com/podcast-episode-341-listen-and-learn-contract-defenses/) Download the Transcript  (https://lawschooltoolbox.com/episode-527-listen-and-learn-excuses-for-non-performance-of-a-contract/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode! Thanks for listening! Alison & Lee

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527: Listen and Learn -- Excuses for Non-Performance of a Contract

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This episode is 17 minutes long.

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This episode was published on October 27, 2025.

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Welcome back to the Law School Toolbox podcast! In this episode from our "Listen and Learn" series, we're exploring the situations in which a party to a contract is claiming that their contractual obligations should be discharged as a result of...

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