International business transactions

§ 261 Discharge by Supervening Impracticability

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OUTLINE International Business Transactions

§ 261 Discharge by Supervening Impracticability

Where, after a contract is made, a party's performance is made impracticable without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made, his duty to render that performance is discharged, unless the language or the circumstances indicate the contrary.
Gets rid of foreseeability concept
Basic Assumption
- Fact that the event was foreseeable, or even foreseen, does not necessarily compel a conclusion that its non-occurrence was not a basic assumption
Contrary Indication
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