When performance cannot be undertaken except with extreme difficulty or at highly unreasonable expense, it might be excused on the theory of commercial impracticability.

Question

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Commercial impracticability is a legal defense that excuses non-performance of a contract obligation due to unforeseen circumstances that make performance excessively difficult or costly. If a court determines that performance is commercially impracticable, the non-performing party may be excused from breach of contract liability.

When Performance Cannot Be Undertaken Except with Extreme Difficulty or at Highly