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Impossibility, Impracticability, And Supervening Illegality, James J. White
Impossibility, Impracticability, And Supervening Illegality, James J. White
Book Chapters
The Doctrine of Impossibility, or as the Uniform Commercial Code knows it, Excuse by Failure of Presupposed Conditions, remains one of the unclimbed peaks of contract doctrine. All of the famous early and mid-twentieth century mountaineers, Corbin, Williston, Farnsworth and many lesser men have made attempts on this doctrine, but none have succeeded in climbing it to the very top. The doctrine inheres in Section 2-615 of the UCC, in Sections 454 - 469 of the Restatement of Contracts and in a series of Anglo-American cases stretching back for many years. In spite of attempts by all of the contract …
Contract Clauses, James J. White
Contract Clauses, James J. White
Book Chapters
Before he turns to the clauses below, the draftsman should consider a few points that apply to drafting in general. The suggestions that follow will not win the Galileo award for 1974, but they bear repeating nevertheless.