700.12E [5] Frustration of Purpose The law excuses [name of defendant's] [names of defendants's] ability to keep [his] [her] [their] promise if the purpose of the contract was frustrated. [Name of defendant] [Names of defendants] [claims] [claim] and [has] [have] the burden of proving [his] [her] [its] [their] failure to keep [his] [her] [its] [their] promise was excused because [it was "impossible" to perform] [it was frustrated by a change in circumstances that destroyed the reason for the contract]. [Name of defendant] [Names of defendants] [claims] [claim] and [has] [have] the burden to prove that [his] [her] [its] [their] performance [became impossible as follows: [state alleged circumstances of impossibility]] [was frustrated as follows [state how the value was frustrated]]. [Name of plaintiff] denies this. In order to prove a defense based upon [frustration of purpose] [impossibility of performance], [name of defendant] [names of defendants] [has] [have] the burden of proving all three of the following facts: [1] [2] [3] The circumstances described above occurred; The parties reasonably did not foresee the circumstances when they made the contract; [The circumstances made it impossible for [name of defendant] [names of defendants] to keep [his] [her] [its] [their] promise.] [or] [The circumstances totally or nearly totally destroyed the benefits which [name of defendant] [names of defendants] expected to receive from the contract.] Plaintiff denies defendant's claim of [impossibility of performance] [or] [frustration of purpose]. You will address these issues in question [__] on your verdict.