Duquesne Law Review


Stephen G. York


Traditionally, courts have used a two-prong test to determine if performance of a contract has been made legally impracticable and is thus excusable. This construction of the impracticability doctrine of the Uniform Commercial Code § 2-615 lacks proper basis in the intent of the statute's drafters. A proposed revision of section 2-615 is offered as a fair and efficient alternative to the current statutory language and judicial interpretation. The redrafted version of section 2-615 will promote the commercial norms associated with relational transactions, those contracts typically falling within the impracticability rubric.

First Page


Included in

Law Commons