Impracticability

From the Latin impracticability (Latin: "not practical").

In one sentence

Performance remains theoretically possible but becomes so difficult or expensive that it's unreasonably burdensome.

Plain English

Impracticability is like impossibility's cousin—the contract isn't literally impossible to perform, but doing so would be so hard, costly, or dangerous that the law may excuse performance. The key difference from impossibility is that it's still technically doable; it's just become unreasonably difficult. Courts look at whether an unforeseen event has made performance far more burdensome than either party anticipated when they made the deal.

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Example

A supplier contracts to deliver oil at a set price, but a war breaks out and shipping costs skyrocket tenfold. Delivery is still possible but now wildly impractical. A court might excuse the supplier's performance based on impracticability.

Used in a sentence

“The contractor argued impracticability when the cost of raw materials tripled due to an unexpected trade embargo.”

Related terms

Impossibility

A situation where performance of a contract becomes physically or legally impossible after the contract is made.

Frustration of Purpose

An unforeseen event destroys the main reason for making the contract, even though performance is still possible.

Performance

The act of doing what a contract requires, such as delivering goods or paying money.

Contract

A legally binding agreement between two or more parties to do or not do something.

Rescission

Unwinding a contract entirely, returning both parties to their positions before the deal.

Modification

A change to a contract made by the parties after it's already in effect.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.