WordNet
- the quality of not being usable (同)impracticableness
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出典(authority):フリー百科事典『ウィキペディア(Wikipedia)』「2014/10/02 09:07:04」(JST)
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Contract law |
Part of the common law series |
Contract formation |
- Offer and acceptance
- Posting rule
- Mirror image rule
- Invitation to treat
- Firm offer
- Consideration
- Implication-in-fact
|
Defenses against formation |
- Lack of capacity
- Duress
- Undue influence
- Illusory promise
- Statute of frauds
- Non est factum
|
Contract interpretation |
- Parol evidence rule
- Contract of adhesion
- Integration clause
- Contra proferentem
|
Excuses for non-performance |
- Mistake
- Misrepresentation
- Frustration of purpose
- Impossibility
- Impracticability
- Illegality
- Unclean hands
- Unconscionability
- Accord and satisfaction
|
Rights of third parties |
- Privity of contract
- Assignment
- Delegation
- Novation
- Third-party beneficiary
|
Breach of contract |
- Anticipatory repudiation
- Cover
- Exclusion clause
- Efficient breach
- Deviation
- Fundamental breach
|
Remedies |
- Specific performance
- Liquidated damages
- Penal damages
- Rescission
|
Quasi-contractual obligations |
- Promissory estoppel
- Quantum meruit
|
Related areas of law |
- Conflict of laws
- Commercial law
|
Other common law areas |
- Tort law
- Property law
- Wills, trusts, and estates
- Criminal law
- Evidence
|
|
The doctrine of impracticability in the common law of contracts excuses performance of a duty, where that duty has become unfeasibly difficult or expensive for the party who was to perform.
Impracticability is similar in some respects to the doctrine of impossibility because it is triggered by the occurrence of a condition which prevents one party from fulfilling the contract. The major difference between the two doctrines is that while impossibility excuses performance where the contractual duty cannot physically be performed, the doctrine of impracticability comes into play where performance is still physically possible, but would be very burdensome for the party whose performance is due. Thus, impossibility is an objective condition, whereas impracticability is a subjective condition for a court to determine.
Typically, the test U.S. courts use for impracticability is as follows (with a few variations among different jurisdictions):[1]
- There must be an occurrence of a condition, the nonoccurrence of which was a basic assumption of the contract,
- The occurrence must make performance extremely expensive or difficult
- This difficulty was not anticipated by the parties to the contract (note: some jurisdictions require that there be no measure within the contract itself to allocate risk between the parties)
Contents
- 1 Restatement of Contracts
- 2 Uniform Commercial Code
- 3 See also
- 4 References
Restatement of Contracts
Section 261 of the Restatement (Second) of Contracts does not explicitly define the scope of what is considered impracticable, as it is a fairly subjective and fact-intensive test for the courts. Generally, courts do not consider events such as an increase in price or costs beyond a normal range to allow for discharge of duties on grounds of impracticability, as such events are normally foreseeable risks of fixed-price contracts.
Uniform Commercial Code
Section 2-615 of the Uniform Commercial Code deals with impracticability in the context of sales of goods, and introduces some additional constraints on the parties. A party whose ability to perform his obligations has only been partially affected must allocate production and delivery among his customers in a manner which is fair and reasonable, affording each of them with partial performance, and must notify all purchasers that there will be delay, partial delivery, or non-delivery. This is similar in some respects to the doctrine of general average in admiralty law.
According to note 4 under UCC 2-615, increased cost alone does not excuse performance unless the rise in cost is due to some unforeseen contingency which alters the nature of performance. It further explains that a change in market conditions resulting in a rise or drop in prices is not sufficient to claim impracticability because the parties assumed that risk when the contract was made. The comments indicate that contingencies such as war, embargo, crop failures, or a failure of a major source of supply that causes the market change or prevents a seller from obtaining supplies necessary for his performance would justify a claim of impracticability.
See also
- Force majeure
- Impossibility and frustration of purpose, two related doctrines
References
- ^ See e.g. Transatlantic Financing Corp. v. United States, 363 F.2d 312 (D.C. Cir., 1966)
English Journal
- Family physicians' perspectives on clinical guidelines, a survey from the Republic of Srpska, Bosnia and Herzegovina.
- Račić M1, Eremija S2, Mašić S1, Joksimović BN3, Stanetić K4.
- The European journal of general practice.Eur J Gen Pract.2016 May 11:1-6. [Epub ahead of print]
- BACKGROUND: Despite considerable efforts to promote and support clinical practice guidelines (CPGs) use, adherence has often been suboptimal universally.OBJECTIVES: The aim of this study was to assess to which extent family physicians (FPs) in Republic of Srpska (RS), Bosnia and Herzegovina (BiH) ac
- PMID 27165255
- Total error vs. measurement uncertainty: revolution or evolution?
- Oosterhuis WP, Theodorsson E.
- Clinical chemistry and laboratory medicine.Clin Chem Lab Med.2016 Feb;54(2):235-9. doi: 10.1515/cclm-2015-0997.
- The first strategic EFLM conference "Defining analytical performance goals, 15 years after the Stockholm Conference" was held in the autumn of 2014 in Milan. It maintained the Stockholm 1999 hierarchy of performance goals but rearranged them and established five task and finish groups to work on top
- PMID 26540227
- Logsum using Garbled Circuits.
- Portêlo J1, Raj B2, Trancoso I1.
- PloS one.PLoS One.2015 Mar 26;10(3):e0122236. doi: 10.1371/journal.pone.0122236. eCollection 2015.
- Secure multiparty computation allows for a set of users to evaluate a particular function over their inputs without revealing the information they possess to each other. Theoretically, this can be achieved using fully homomorphic encryption systems, but so far they remain in the realm of computation
- PMID 25811740
Japanese Journal
- クラスアクションにおける当事者クラスを構成する要件-当事者の多数性と争点の共通性-
- 人間学部研究報告 = Reports from the Faculty of Human Studies, Kyoto Bunkyo University 13, 13-23, 2012-03-31
- NAID 110009393918
- デジタルコピーは終焉に向かうか : 「モノとしての音楽」とその限界について
- タイムラインナビ : 空き時間を利用したユーザのスケジューリング支援システム(セッション2:かえりみるインタフェース(2),<特集>かえりみるインタフェース,および一般)
Related Links
- Impracticability Substantial difficulty or inconvenience in following a particular course of action, but not such insurmountability or hopelessness as to make performance impossible. Rule 23 of the Federal Rules of Civil Procedure ...
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