Contracts
In South Dakota, 'impossibility of performance' as a contract defense means:
AThe party simply finds it financially difficult to perform
BAn unforeseen event makes performance objectively impossible, potentially excusing the party from performing✓ Correct
CThe contract was poorly written and ambiguous
DPerformance became illegal after the contract was signed
Explanation
Impossibility of performance excuses a party when an unforeseen event (destruction of the property, death of a party in a personal service contract) makes performance objectively impossible, not merely more difficult or expensive.
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