BA 230
Issue: Whether the defendant is responsible for paying further rent or other payments under the remainder of lease. Depend on whether the defendant breaches a lease.
Rule: A lease is a contract that a landlord and tenant sign when a tenant wants to rent commercial or residential property. In the contract law, impossibility is a defense used to excuse the performance of one of the parties. Considering the theory of impossibility, which is due to unforeseen and uncontrollable circumstances, such as death, illness, destruction of the subject matter, or failure of the means of deliver (US Legal, 2019)?
Analysis: Here, the unexpected events happened with the principal (“Mrs. X”), she was one of two shareholders in this dance studio and she also is a instructor of dancing. However, she was diagnosed with multiple sclerosis so that cannot teach her students within the term of the contracts and close the studio. Also, her illness is a unforeseen occurrence, and she had not action ability to continue to perform her duties, which was impossibility.
Conclusion: The defendant does not break the lease, and need not to pay the further rent or any other payments.
Works Cited
US Legal. (2019). Impossibility Law and Legal Definition. https://definitions.uslegal.com/i/impossibility/.
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