What is the difference between impossibility and commercial impracticability?

The major difference between the two doctrines is that while impossibility excuses performance where the contractual duty cannot physically be performed, the doctrine of impracticability comes into play where performance is still physically possible, but would be extremely burdensome for the party whose performance is …

What is commercial impracticability?

Commercial impracticability means that performance under a contract is impracticable, and cannot be accomplished. If after the occurrence, the parties can’t agree as to the proposed changes in the contract, the court will need to determine the commercial practicability of such performance and obligations.

What is the doctrine of impracticability?

Whether applicable to the sale of goods or services, the impracticability doctrine arises in circumstances under which “[p]erformance may be impracticable because of extreme and unreasonable difficulty, expense, injury, or loss to one of the parties involved.

What is the UCC and its doctrine of commercial impracticability?

A seller that is unable to perform its contractual obligations may, under appropriate circumstances, assert the defense of commercial impracticability. 1 This defense is available to a supplier of goods that is unable to make delivery as required by contract, either whole or in part.

When to use the defense of impracticability?

Under the common law of contract, impracticability is a defense that can be relied on when the duty to be performed becomes unfeasibly difficult or expensive for a party who was to perform.

What do you need to know about commercial impracticability?

Commercial Impracticability: Everything You Need to Know. Commercial impracticability means that performance under a contract is impracticable, and cannot be accomplished.3 min read. Commercial impracticability means that performance under a contract is impracticable, and cannot be accomplished.

When to use the doctrine of impracticability of contracts?

The Uniform Commercial Code, which governs contracts for the sale of goods, sets forth a similar, but more narrow, standard of impracticability. Application is fact-specific, and will depend upon the language of your contract and the circumstances of the breach. Typically, the doctrine has been applied to three categories of events:

What does it mean when something is impracticable to do?

This means that it is either difficult or impossible to perform under the contract. The reason for impracticability is due to an unforeseen circumstance or event that doesn’t occur due to fault or negligence of either party.