Subsequent Impossibility
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Subsequent impossibility of performance (e.g. delivery of goods/works)
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Contract is originally possible and later becomes impossible
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e.g. destruction of an individual object of sale or an individual work
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No possibility of replacement (delivery of an equivalent item)
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The creditor must be compensated for the contractual benefits that can no longer be realized.
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Comparison to initial Impossibility
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Contract is not possible, absurd or forbidden to anyone from the outset
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Damages: The creditor is compensated only for expenses incurred in reliance on the contract. (reliance damage)
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