Is our contract valid or canceled

[burtondav]

We signed a lease contract for a new 2014 Leaf SV.
The contract contains the VIN #.

We are now told they can't get that particular car.

Is the contract now invalid?

Just curious - we may still sign a different contract with them.

 

[mctom987]

Depends a lot on what the contract says. Though, it's definitely arguably invalid, but I wouldn't try to enforce that without first speaking to your lawyer.

If you're considering a new contract, does it really matter if the old one was invalidated before or after the new contract?

 

[burtondav]

I'd like to know if the contract is invalid.

I now don't completely trust the dealer.

If they get us a new 2014 Leaf the color and specs we originally ordered, we will likely sign a new contract.

But, if anything isn't right, I'd like to know we can walk away.

 

[lstefani]

you can walk away as long as you didn't drive the car off the lot after signing the papaerwork

I'd like to know if the contract is invalid.

I now don't completely trust the dealer.

If they get us a new 2014 Leaf the color and specs we originally ordered, we will likely sign a new contract.

But, if anything isn't right, I'd like to know we can walk away.

 

[2k1Toaster]

I'd like to know if the contract is invalid.

I now don't completely trust the dealer.

If they get us a new 2014 Leaf the color and specs we originally ordered, we will likely sign a new contract.

But, if anything isn't right, I'd like to know we can walk away.

Yes it is invalid. It is considered an "impossible contract":

Impossible contract refers to a contract that the law will not enforce because there is no feasible way for one of the parties to perform. Impossible contracts include facts or circumstances that excuse performance because the subject or means of performance has deteriorated, has been destroyed, or is no longer available; the method of delivery or payment has failed; a law now prevents performance; or death or illness prevents performance.

Increased or unexpected difficulty and expense cannot be considered as an impossibility and thus do not excuse performance. This is also termed as impossibility of performance. For example, if Hannah contracts to pay John $2000 to paint her house on October 1, but the house burns to the ground before the end of September, Hannah is excused from her duty to pay John the $2000, and John in turn is excused from his duty to paint her house; however, John may still be able to sue for the unjust enrichment of any benefit conferred on Hannah before her house burned down (e.g. if Hannah paid John in advance, then the amount of payment might be a compensatory injury).

It is impossible for the dealership to complete the contract, therefore it is invalid. Now if they present you with another car and VIN and amend the contract, then all is well if you want that. But as of now, if it is in the contract and is impossible to deliver, the contract is nulled.

It has been true since 1863 for British law, which is what all American and Canadian law except Louisiana and Quebec are based off of. I do not know if French law has something different.

http://en.wikipedia.org/wiki/Taylor_v._Caldwell" onclick="window.open(this.href);return false;

 

[burtondav]

Thanks for the information! Who knows, it could become useful - even in the future on other contracts.