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.
Stephen G. York,
Re: The Impracticability Doctrine of the U.C.C.,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol29/iss2/3