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IV. Consensus |
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4.5 Consensus Dispute and Extinction |
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Article 144-Impossibility |
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Canon 2407 |
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Impossibility is a fictional concept whereby an unforeseen event makes performance of the terms of the Consensus impossible. |
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Canon 2408 |
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“Unforeseen event” in relation to Impossibility is any change in circumstances such as an Force majeure, discovered pre-existing condition, death or disablement or other event of such major significance that there is no way to continue to perform the Consensus. |
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Canon 2409 |
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Where an Consensus has not made provision to exclude certain unforeseen events, the defense of Impossibility may be argued as a lawful defense for non performance of duties under a Consensus for those events not otherwise excluded. |
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Canon 2410 |
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No mercantile Consensus may seek to exclude Force majeure as a defense for Impossibility and as a lawful excuse for non-performance. |
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