Contratos y EjecuciónPregunta 871 de 1605
The doctrine of 'impossibility' (or impracticability) may excuse performance when:
a.One party found a better opportunity
b.The contractor underestimated the labor cost
c.The work simply became less profitable than expected
d.An unforeseen event, without the fault of either party, makes performance objectively impossible or radically impracticable
Explicación
Impossibility or commercial impracticability may discharge a duty when an unforeseen event, occurring without either party's fault, makes performance objectively impossible or so radically more difficult that it defeats the contract's basic assumptions, such as destruction of the specific subject matter. Mere increased cost, reduced profitability, a better opportunity, or a bad estimate does not qualify, because those are ordinary business risks the contractor assumed.
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Preguntas relacionadas de este tema
- A 'waiver' in the context of a contract generally refers to:
- A 'no oral modification' clause states that the contract may be changed only by a signed writing. Its practical purpose is to:
- 'Accord and satisfaction' discharges a disputed obligation when:
- 'Frustration of purpose' as an excuse for nonperformance applies when:
- A third-party beneficiary who is an 'intended beneficiary' of a contract:
- An 'incidental beneficiary' of a contract differs from an intended beneficiary in that an incidental beneficiary:
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)