Changed Circumstances

Question 1

Where, after a contract is made, a party’s ____________________________ 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.

Answer 1

performance is made impracticable

Question 2

If the existence of a _________ _________ 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.

Answer 2

particular person

Question 3

If the existence of a ________ _______ is necessary for the performance of a duty, its failure to come into existence, destruction, or such deterioration as makes performance impracticable is an event the non-occurrence of which was a basic assumption on which the contract was made.

Answer 3

specific thing

Question 4

If the performance of a duty is made ___________ by having to comply with a domestic or foreign governmental regulation or order, that regulation or order is an event the non-occurrence of which was a basic assumption on which the contract was made.

Answer 4

impracticable

Question 5

Where, after a contract is made, a party’s principal purpose is _________ __________ 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 remaining duties to render performance are discharged, unless the language or the circumstances indicate the contrary.

Answer 5

substantially frustrated

Question 6

(1) Where, at the time a contract is made, a party’s performance under it is __________ without his fault because of a fact of which he has no reason to know and the non-existence of which is a basic assumption on which the contract is made, no duty to render that performance arises, unless the language or circumstances indicate the contrary.

Answer 6

impracticable

Question 7

(2) Where, at the time a contract is made, a party’s ______________________________ without his fault by a fact of which he has no reason to know and the non-existence of which is a basic assumption on which the contract is made, no duty of that party to render performance arises, unless the language or circumstances indicate the contrary.

Answer 7

principal purpose is substantially frustrated