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Where a contract contemplates the personal services of a party, performance is excused when that party dies or becomes otherwise incapable of performing. (Rest.2d Contracts, §§ 261, 262; 1 Witkin, Summary of Cal. Law (9th ed. 1987) Contracts, § 782, p. 705.) The Restatement Second of Contracts, section 262 addresses this issue because its language is not limited to the death or incapacity of a party to the contract: 'If the existence of a particular person is necessary for the performance of a duty, his death or such incapacity as makes performance impracticable is an event the non-occurrence of which was a basic assumption on which the contract was made.' Restatement Second of Contracts, section 262 describes a specific type of impracticability of performance supplementing the general statement of the rule in section 261: 'Where, after a contract is made, a party's performance is made impracticable without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made, his duty to render that performance is discharged, unless the language or the circumstances indicate the contrary.'
