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See also UCC 2-615. See also Frustration of Purpose. Words which depict a situation involved in the performance of a contract which could not have been within the contemplation of the parties at the time the contract was made.
The doctrine of commercial impracticability is designed to deal with unforeseen circumstances that render performance nearly impossible. See Waldinger Corp. v. CRS Group Engineers, Inc., 775 F.2d 781, 786 (7th Cir. 1985). The doctrine of commercial impracticability does not apply to a situation giving rise to termination from a foreseen possibility that was expressly addressed in the contract.
Matters involving impossibility or impracticability of performance of contract are concededly vexing and difficult. One is even urged on the allocation of such risks to pray for the 'wisdom of Solomon.' 6 A. Corbin, Contracts § 1333, at 372 (1962).
In Transatlantic Financing Corp. v. United States, 124 U.S.App.D.C. 183, 363 F.2d 312 (1966) the plaintiff had entered into a voyage charter with defendant in which it agreed to transport a full cargo of wheat on the CHRISTOS from a United States port to Iran. The parties clearly contemplated a Suez passage, but on November ...
