Courts rarely apply the excuse of commercial impracticability, even when the cost of the contract has increased dramatically for one party.

Question

Quizplus · Accepted Answer

Courts are hesitant to apply commercial impracticability because it requires proving that the increased cost was unforeseeable and that it fundamentally alters the nature of the contract, which is a high threshold to meet.

Courts Rarely Apply the Excuse of Commercial Impracticability, Even When