Maj: Party is not excused from performance if act is not impossible to perform, even if party becomes unable to perform.
Min: If something was basis of agreement, and performance depends on it, performance is excused by difficulty of performance or by the fact he becomes unable to perform.
Performance may be impracticable b/c extreme or unreasonable difficulty, expense, injury, or loss to one of the parties involved.
May also be impracticable b/c it will involve risk of injury to person or property that is disproportionate to the ends to be attained by performance.
- Cases: Mineral Park Land, Taylor
- Auth: 261, 263
- RS 265, Comment A: Discharge by Supervening Frustration
- Purpose frustrated must have principle purpose of that party in making K.
- Frustration must be so severely substantial that its not fairly to be regarded as w/in risk assumed under K.
- Non-occurrence of frustrating event must be a basic assumption to K.
- Foreseeability is factor in determination, but just b/c event was foreseeable doesn't mean non-occurrence was not such a basic assumption.
- Remember the Foreseeability Spectrum!