Under impossibility, if the destroyed or damaged goods were not specifically identified to the contract, the seller is

Under impossibility, if the destroyed or damaged goods were not specifically identified to the contract, the seller is

• A. Excused from performance.
• B. Not excused from performance.
• C. Entitled to damages that are automatically payable.
• D. Not excused from performance.

Answer: (D)

Impossibility looks to whether the exact goods identified to the contract have been destroyed. If the destroyed or damaged goods were not identified to the contract, there is no impossibility to perform. Since the subject matter isn’t a uniquely designated item, the seller still has to perform by delivering goods that conform to the contract or substituting goods of the same kind as allowed by the agreement. In short, performance remains required because there isn’t a specific identified subject matter that has been obliterated.

Impossibility looks to whether the exact goods identified to the contract have been destroyed. If the destroyed or damaged goods were not identified to the contract, there is no impossibility to perform. Since the subject matter isn’t a uniquely designated item, the seller still has to perform by delivering goods that conform to the contract or substituting goods of the same kind as allowed by the agreement. In short, performance remains required because there isn’t a specific identified subject matter that has been obliterated.