Under the doctrine of impracticability, what condition justifies discharge?

Enhance your Bar Exam preparation with Themis Bar Exam Quiz. Use hints and multiple choice questions to sharpen your understanding. Excel in your Bar Exam!

Multiple Choice

Under the doctrine of impracticability, what condition justifies discharge?

The situation is that impracticability allows discharge when an event occurs that was not anticipated and makes performing the contract extremely burdensome or essentially unworkable. The key is that the event is unforeseen at the time of contracting and it turns performance into something impracticable to continue. Because the event must be unforeseen, merely making performance impracticable after it’s anticipated doesn’t qualify. If performance becomes illegal, that falls under a different line of relief, and simply extending the contract’s time won’t discharge obligations. So the best description is: an unforeseen event makes performance impracticable.

The situation is that impracticability allows discharge when an event occurs that was not anticipated and makes performing the contract extremely burdensome or essentially unworkable. The key is that the event is unforeseen at the time of contracting and it turns performance into something impracticable to continue. Because the event must be unforeseen, merely making performance impracticable after it’s anticipated doesn’t qualify. If performance becomes illegal, that falls under a different line of relief, and simply extending the contract’s time won’t discharge obligations. So the best description is: an unforeseen event makes performance impracticable.

More practice questions