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LS 311 Week 5 Case study Ron Blair apa
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Commercial impracticability excuses a party from performing a contract when that contract becomes much more difficult or expensive than originally discussed. Additionally, the condition in which it occurs must not have been known by either party prior to the contract being made (Miller &Jentz, 2008). If and when a drought was going to occur could not possibly known by either party prior to the contract, and providing water would become both extremely difficult and costly. I believe this would satisfy the elements of commercial impracticability. Additionally frustration of purpose could apply. The drought, which is an extenuating circumstance, made it impossible to attain the outcome that both parties had in mind when the contract was signed. Although droughts are foreseeable, when exactly a drought will occur is not.

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