When a contracting party runs into unforeseeable difficulties that make his or her performance impossible, courts will:
A) not enforce a modification that is not supported by new consideration.
B) prosecute the contracting party on criminal charges.
C) enforce a modification in the interest of fairness.
D) will make the contracting party pay up in full.

Question

Quizplus · Accepted Answer

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