When a contracting party runs into unforeseeable difficulties that make his/her performance impossible,courts will:

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Generally speaking,a court will enforce a modification that is not supported by new consideration if a contracting party has run into unforeseeable difficulties that make his or her performance impossible or highly impracticable.In this situation,the party who has run into trouble is neither a bad person trying to take advantage of the promisor nor an imprudent person trying to escape the consequences of a bad bargain.Therefore,the courts enforce the modification in the interest of fairness,although technically no new consideration has been given.

When a Contracting Party Runs into Unforeseeable Difficulties That Make