supervening impossibility造句

• Generic goods and services are not subject to supervening impossibility, because they are easily obtainable and performance is still theoretically executable.
• Supervening impossibility generally terminates the obligation, as well as any counter-obligation, from the point at which impossibility arose.
• Moreover, the principle of perpetuatio obligationis applies here in reverse : The creditor bears the risk of supervening impossibility of performance brought about fortuitously or by the debtor s culpa ( provided such negligence is not gross, culpa lata ).
• Late in 1996, a family booked a holiday in Mauritius, only to find its flight suspended due to a tropical cyclone, and so attempted to cancel its contract with the tour operator and claim damages, on the grounds that the supervening impossibility of performance had brought the contract to an end.
• First, supervening impossibility of performance, which is not due to the fault of either party, does not terminate the contract, contrary to the normal rule, unless the debtor can show that, even if he had performed timeously, the same fate would have befallen the prestation in the hands of the creditor ( perpetuatio obligationis ).
• In the case of " Smit v Smit ", a full Bench answered the second question posed above in the affirmative, rejecting the view that the legislature intended to differentiate between cases of " faultless prevention of the continuation of the marriage " in section 4, on the one hand, and cases of " supervening impossibility " in section 5, on the other.