What is the doctrine of commercial impracticability?
The doctrine of commercial impracticability arises when a party cannot perform their obligations under the contract due to an uncontrollable event that makes it extremely difficult (but not impossible) to perform.
What is commercial impracticability example?
Commercial impracticability is for highly unusual situations far from what the parties could have reasonably expected would happen. Some examples could be earthquake, fire, flood, strikes, the sudden failure of a supplier.
What is the doctrine of impracticability?
The doctrine of impracticability in the common law of contracts excuses performance of a duty, where the said duty has become unfeasibly difficult or expensive for the party who was to perform.
Is commercial impracticability a common law or statutory doctrine?
Commercial Impracticability (Sale of Goods) Under the Uniform Commercial Code § 2-615, Texas recognizes commercial impracticability as a valid common law defense in breach of contract claims related to the sale of goods. To be clear, this aspect of the UCC only applies to contracts that pertain to the sale of goods.
What is the meaning of impracticability?
1 : impassable an impracticable road. 2 : not practicable : incapable of being performed or accomplished by the means employed or at command an impracticable proposal.
Should the doctrine of impracticability be abolished?
The doctrine of commercial impracticability should be abolished. Those who seek to avoid their contractual obligations by using the excuse of commercial impracticability, if successful, reduce the certain of contractual obligations and end up hurting the commercial society in which we all live.
Should the doctrine of commercial impracticability be abolished Why or why not?
Is impracticability a word?
im·prac·ti·ca·ble adj. 1. Impossible to do or carry out: Refloating the sunken ship intact proved impracticable because of its fragility.
Is commercial impracticability a breach of contract?
Commercial Impracticability: An Overview This legal doctrine is triggered when something occurs which would make it burdensome for the performing party to act under the contract. This doctrine would be used as a defense in a breach of contract claim that is brought by the plaintiff against the defendant.