Impracticability

Question 1

Elements of Impracticability

Answer 1

1. Occurrence of supervening event makes performance “impracticable”;
2. Non-occurrence of the event was a basic assumption on which contract was made;
3. Impracticability not the fault of the party seeking to excuse performance;
4. Contractual language or circumstances indicate that the party seeking an excuse did not assume a “greater obligation”

Question 2

Transatlantic financing corp

Answer 2

An unexpected contingency that requires an adjustment of method or route will not, by itself, render performance of a contract legally impossible.