Question
n the US, when a party alleges that contract performance is impossible or impracticable because of circumsances unforeseen at the time the contract was formed,
n the US, when a party alleges that contract performance is impossible or impracticable because of circumsances unforeseen at the time the contract was formed, a court will either discharge the party's contractual obligations or hold the party to the contract. In other words, if a court agrees that the contract is impossible or impracticable to perform, the remedy is to cancel the contract. Under German law, however, a court may adjust the terms of (reform) a contract in light of economic developments. If an unforeseen event affects the foundation of the agreement, the court can alter the contract's terms to align with the parties' original expectations, thus making the contract fair to the parties.
When a contract becomes impossible or impracticable to perform, which remedy would a businessperson prefer - rescission or reformation? Explain your answer.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started