---
title: Impossibility of Performance
description: is written in a contract the same as written in stone?
image: https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAFb9HLqY-k.png
---
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03/01/2023
# Impossibility of Performance
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- [mailto:?subject=Impossibility%20of%20Performance&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fimpossibility-of-performance](mailto:?subject=Impossibility%20of%20Performance&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fimpossibility-of-performance)
So you've been reading this blog all along and have taken to heart the idea to get things in writing. But now you're in a spot where you just can't execute from Duluth what you promised in Hugo. ***Is there an out*** even if you've agreed in writing to do or deliver something?
**Impossibility and impracticality** are two separate legal doctrines that could save you. The rule of law is this: If due to the existence of a fact or circumstance of which the promisor (You) at the time of the making of the contract neither knew nor had reason to know, performance becomes impossible, or, becomes impracticable in the sense that performance would cast upon the promisor an excessive or unreasonably burdensome hardship, loss, expense, or injury.
That's a densely worded doctrine with a lot of hurdles to clear. Moreover, just because execution may be difficult it does not mean you are excused from performance. In today's supply chain debacle, either or both of these doctrines may save you a lot of time, a breach of contract, and a lot of money.
If you think these doctrines apply and want an opinion, let's talk and figure out your options.
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## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)
Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.
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