Impracticability refers to the situation where a task or action is excessively challenging or costly to carry out, despite being technically feasible. In the context of contracts, if a task becomes impracticable, it can release a party from fulfiling their promised obligations. This can occur if the difficulty or expense was unforeseen and not initially agreed upon. Another form of impracticability is known as commercial impracticability, which arises when an unexpected event renders it impossible for one party to fulfil their commitments. In such cases, the party may also be excused from their obligations.
Impracticability in contracts refers to a situation where a party is relieved from fulfiling their contractual obligation due to extreme and unreasonable difficulty. This difficulty or expense must have been unforeseen, and the duty must have become significantly more challenging or costly to perform. For example, if a construction company agrees to build a house but the materials are destroyed by a natural disaster, they may be excused from their duty due to impracticability. Similarly, if a musician becomes seriously ill and cannot perform at a concert, they may also be excused from their duty due to impracticability. These instances demonstrate how impracticability can release a party from their contractual obligation when unforeseen circumstances make it extremely difficult or impossible to fulfil their duty.
Impracticability refers to a situation where performance of a contractual obligation becomes extremely difficult or impossible due to unforeseen circumstances beyond the control of the parties involved.
Examples include natural disasters, government regulations, labor strikes, or unforeseen changes in market conditions.
Yes, if a party can prove that the impracticability was unforeseen and beyond their control, they may be excused from performing their obligations under the contract.
Yes, parties are generally expected to take reasonable steps to mitigate the effects of impracticability. Failure to do so may limit their ability to claim impracticability as a defence.
If one party successfully claims impracticability as a defence, the other party may not be entitled to damages for non-performance. However, this may vary depending on the specific circumstances and the terms of the contract.
Impracticability can be used as a defence in most types of contracts, but it may not be applicable in certain situations where the parties have specifically addressed the possibility of impracticability in their contract.
Yes, if the performance of a contract becomes truly impossible or excessively burdensome due to impracticability, a party may have the right to terminate the contract.
There is no specific time limit for claiming impracticability, but it is generally advisable to raise the defence as soon as the circumstances making performance impracticable arise.
Yes, parties can include a provision in their contract that waives the defence of impracticability. However, such waivers must be clear and unambiguous to be enforceable.
Impracticability is primarily a defence in civil cases involving contractual obligations. It may not be applicable as a defence in criminal cases, where different legal principles and defences apply.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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