So you've been reading this blog all along and have taken to heart the idea to get things in writing. But now you're in a spot where you just can't execute from Duluth what you promised in Hugo. Is there an out even if you've agreed in writing to do or deliver something?
Impossibility and impracticality are two separate legal doctrines that could save you. The rule of law is this: If due to the existence of a fact or circumstance of which the promisor (You) at the time of the making of the contract neither knew nor had reason to know, performance becomes impossible, or, becomes impracticable in the sense that performance would cast upon the promisor an excessive or unreasonably burdensome hardship, loss, expense, or injury.
That's a densely worded doctrine with a lot of hurdles to clear. Moreover, just because execution may be difficult it does not mean you are excused from performance. In today's supply chain debacle, either or both of these doctrines may save you a lot of time, a breach of contract, and a lot of money.
If you think these doctrines apply and want an opinion, let's talk and figure out your options.
