Contract Law For Dummies
Book image
Explore Book Buy On Amazon
When an unforeseen event makes performance of a contract obligation impracticable (impossible or unrealistic), the seller may claim that its nonperformance is excused. To analyze a claim of impracticability, determine whether all of the following apply:
  • The event occurred after the contract was made.

  • Performance became impracticable because of the event.

  • The nonoccurrence of the event was a basic assumption of the contract.

  • The party seeking to be discharged carried the risk of the event’s occurring.

About This Article

This article is from the book:

About the book author:

Scott J. Burnham is the Curley Professor of Commercial Law at Gonzaga University School of Law. For 30 years he has taught Contracts at law schools internationally and throughout the U.S. He is also a prolific writer on legal topics and a consultant on contract drafting for numerous businesses.

This article can be found in the category: