Tuesday, July 15, 2008

Bar Exam Tip: Commercial Impracticability

Commercial Impracticability occurs under 3 conditions:

1) the impracticality is attributed to an unforeseen problem that existed at the time the contract wa executed.

2) the risk of the unforeseen problem was not assumed by the defaulting party

3) undue hardship will occur if performance is not excused.

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