commercial impracticability 〈美〉商事合同不能履行 指合同当事人在订立合同时未能预料的，影响合同履行的情形。根据美国《统一商法典》〔U.C.C.〕，在同时满足下述三条件时，可免除任一方当事人履行合同的义务：１发生意外事件〔contingency〕；２合同因为前述事件不能履行；３前述事件为当事人于合同订立时所不能预料。 (→commercial frustration)
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The occurrence of a contingency whose nonoccurrence was an assumption in the contract, as a result of which one party cannot perform. [Cases: Contracts 309(1). C.J.S. Contracts §§ 520–522, 524.]
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impracticability (im-prak-ti-k[schwa]-bil-[schwa]-tee).Contracts. 1. A fact or circumstance that excuses a party from performing an act, esp. a contractual duty, because (though possible) it would cause extreme and unreasonable difficulty. • For performance to be truly impracticable, the duty must become much more difficult or much more expensive to perform, and this difficulty or expense must
frustration, n. 1. The prevention or hindering of the attainment of a goal, such as contractual performance. commercial frustration. An excuse for a party’s nonperformance because of some unforeseeable and uncontrollable circumstance. — Also termed economic frustration. [Cases: Contracts 309(1). C.J.S. Contracts §§ 520–522, 524.] self-induced frustration. A breach of contract caused by one party’s