If i have a License Agreement that force mi company to pay an exaggerated amount of annual royalties, this could be a "impossible performance" regarding this as a legal defense?
My contract is governed by New York law.
Impossibility of performance is an uphill battle in New York. And, performance merely becoming more expensive won't make performance impossible in most situations. But, if the circumstances make the agreement significantly less profitable - then it's impossibility might end up being a workable defense. This article will help to identify New York's specific approach: When Is A Contract Impossible To Perform? Under New York Law, Rarely | Freiberger Haber LLP.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...
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Anonymous Contractor
Question Author
May 6, 2020
Thanks a lot Matthew,
It was very helpful,
Warm regards!