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The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker
The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker
Vanderbilt Journal of Transnational Law
Y2K problems at this point in time are reasonably foreseeable due to the amount of attention given the subject. Contracting parties should examine potential Y2K problems arising internally and address them before January 1, 2000. Yet the extent of Y2K problems, be they widespread or solitary occurrences, remains unforeseeable and unpredictable. Even those parties having adequately addressed internal Y2K problems can experience difficulties due to external parties having failed to become Y2K-compliant. This "second tier" of unforeseeability supports the use of excused performance, but the "first tier" foreseeability that Y2K problems potentially exist prevent viable use of the defense. In …