The Restatement and the Code have made the traditional test of objective impossibility more stringent by requiring that the performance must be actually or literally impossible.

Question

Quizplus · Accepted Answer

The Restatement and the Code have not made the traditional test of objective impossibility more stringent; rather, they recognize that performance is excused when it is objectively impossible due to circumstances such as death or incapacity of a person necessary for performance, or the destruction of a specific thing necessary for performance, without necessarily requiring that performance be "actually or literally impossible."

The Restatement and the Code Have Made the Traditional Test