合同与履行第 871 / 1605 题
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
解析
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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