impracticability

noun
im·​prac·​ti·​ca·​bil·​i·​ty | \ im-ˌprak-ti-kə-ˈbi-lə-tē How to pronounce impracticability (audio) \

Legal Definition of impracticability

1 : the state of being impracticable
2 : a doctrine in contract law: relief from obligations under a contract may be granted when performance has been rendered excessively difficult, expensive, or harmful by an unforeseen contingency also : a defense to breach of contract on the ground that it has been rendered impracticable

called also commercial impracticability, impracticability of performance

— compare frustration, impossibility of performance at impossibility

Note: Under section 2-615 of the Uniform Commercial Code, the impracticability must arise “by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the contract was made” or by compliance with the law.

3 : excessive difficulty in carrying out a procedure (as joinder)

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Cite this Entry

“Impracticability.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/impracticability. Accessed 30 Nov. 2021.

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