Next I would provide that strict performance was not enabled and then move to the nature of the breach of contract. I would show the material nature of the breach (how my client was substantially harmed by the breach) and show that we acted within the statute of limitations to file our suit. The statute would depend on the state the case was being tried and would also consider if this was a written or oral contract (3 – 5 years depending on contract type, state, etc.). At this point I feel that I would have proven my client suffered from breach of contract However as an additional step to make sure I could overcome any objections to the alleged breach I’d also need to make sure that impossibility did not apply. This would mean further understanding the reason for the breach and insuring that it did not involve destruction of the subject matter, death of the promisor or that the purpose of the contract still remained legal. If none of these were the case then the contract was not truly impossible and even if the issue was because it had become a financial burden, the court should still award in favor of my client.
