According to, Contract General Principles; Schalk van der Merwe et al,2010;3rd edition, Juta

publication, Cape Town; P189

"Performance may be warranted to be possible. The party who gives the warranty will be bound by

the contract and will be liable for breach of warranty if he fails to perform correctly, even if the

performance turns out to be objectively impossible."

The position in South African law regarding initial partial impossibility of performance is not altogether

clear. It is submitted, however, that partial impossibility in respect of a divisible performance will not

prevent an obligation to perform the part of the performance that is possible. Where performance is

indivisible, it would seem that the parties are bound to perform to the extent that it would be

meaningful, with any counter performance being subject to a proportionate adaptation."

Taking into consideration the assertion of Schalk van der Merwe et al, discuss the impact of

impossibility of performance on a contract concluded according to South African law.

Discuss this legal principle und the following headings: -

1.1 contracts contrary to common law (60)

1.2 contract contrary to Statutory law (30)

It is advantageous to use case law and relevant statutes to illustrate a legal argument.