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Impracticability of Performance

Learn about rules excusing the seller’s performance in rare instances when some unforeseeable contingency renders the seller’s performance extremely and unreasonably difficult, expensive, or harmful.


Under Article 2, a party may be totally or partially excused from performance. If a party’s performance is excused, any resulting non-performance or delay won’t result in a breach of contract.

In this lesson, we’ll discuss excuse due to impracticability of performance.

I. Section 2-615

Article 2 excuses a seller’s nondelivery or late delivery if the seller’s performance has been made impracticable by either the occurrence of a contingency or good-faith compliance with a governmental regulation.