Encyclopedia of Law and Economics

2019 Edition
| Editors: Alain Marciano, Giovanni Battista Ramello

Impracticability

  • Hüseyin Can AksoyEmail author
Reference work entry
DOI: https://doi.org/10.1007/978-1-4614-7753-2_244

Abstract

The principle of pacta sund servanda requires that agreements must be kept. However such rule is not absolute. When performance of a contractual obligation becomes impracticable, i.e., considerably more burdensome (expensive) than originally contemplated –albeit physically possible- due to an unexpected event, this would lead to adaptation of the contract to the changed circumstances or to avoidance of the contract. In the law and economics literature, impracticability has been substantially studied to figure out who should bear the risk of impracticability; and what would be the efficient remedy for such breach of contract.

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References

  1. Aksoy HC, Schäfer HB (2012) Economic impossibility in Turkish contract law from the perspective of law and economics. Eur J Law Econ 34:105–126CrossRefGoogle Scholar
  2. Eisenberg MA (2009) Impossibility, impracticability, and frustration. J Legal Anal 1:207–261CrossRefGoogle Scholar
  3. Joskow PL (1977) Commercial impossibility: the uranium market and the Westinghouse case. J Legal Stud 6:119–176CrossRefGoogle Scholar
  4. Polinsky AM (1983) Risk sharing through breach of contract remedies. J Legal Stud 12:427–444CrossRefGoogle Scholar
  5. Posner R, Rosenfield A (1977) Impossibility and related doctrines in contract law: an economic analysis. J Legal Stud 6:83–118CrossRefGoogle Scholar
  6. Shavell S (1980) Damage measures for breach of contract. Bell J Econ 11:466–490CrossRefGoogle Scholar
  7. Speidel RE (1981) Court-imposed price adjustments under long-term supply contracts. Northwest Univ Law Rev 76:369–422Google Scholar
  8. Sykes AO (1990) The doctrine of commercial impracticability in a second best world. J Legal Stud 19:43–94CrossRefGoogle Scholar
  9. Trakman LE (1985) Winner take some: loss sharing and commercial impracticability. Minn Law Rev 69:471–519Google Scholar
  10. Triantis GG (1992) Contractual allocations of unknown risks: a critique of the doctrine of commercial impracticability. Univ Toronto Law J 42:450–483CrossRefGoogle Scholar
  11. Trimarchi P (1991) Commercial impracticability in contract law: an economic analysis. Int Rev Law Econ 11:63–82CrossRefGoogle Scholar
  12. White MJ (1988) Contract breach and contract discharge due to impossibility: a unified theory. J Legal Stud 17:353–376CrossRefGoogle Scholar

Further Reading

  1. Christopher B (1982) An economic analysis of the impossibility doctrine. J Legal Stud 11:311–332CrossRefGoogle Scholar
  2. Goldberg V (1985) Price adjustment in long-term contracts. Wisconsin Law Rev 1985:527–543Google Scholar
  3. Gordley J (2004) Impossibility and changed and unforeseen circumstances. Am J Comp Law 52:513–530CrossRefGoogle Scholar
  4. Perloff JM (1981) The effects of breaches of forward contracts due to unanticipated price changes. J Legal Stud 10:221–235CrossRefGoogle Scholar
  5. Smythe DJ (2011) Impossibility and impracticability. In: De Geest G (ed) Contract law and economics, encyclopedia of law and economics, 2nd edn. Edward Elgar, Cheltenham/Northampton, pp 207–224Google Scholar
  6. Smythe DJ (2004) Bounded rationality, the doctrine of impracticability, and the governance of relational contracts. S Calif Interdisc Law J 13:227–267Google Scholar
  7. Triantis GG (1992) Contractual allocations of unknown risks: a critique of the doctrine of commercial impracticability. Univ Toronto Law J 42:450–483CrossRefGoogle Scholar
  8. Wright AJ (2005) Rendered impracticable: behavioral economics and the impracticability doctrine. Cardozo Law Rev 26:2183–2215Google Scholar

Copyright information

© Springer Science+Business Media, LLC, part of Springer Nature 2019

Authors and Affiliations

  1. 1.Faculty of LawBilkent UniversityBilkentTurkey