Restatement Second of Contracts § 267
Effect on Other Party's Duties of a Failure Justified by Impracticability or Frustration
- A party's failure to render or to offer performance may, except as stated in Subsection (2), affect the other party's duties under the rules stated in [R2C § 237] and [R2C § 238] even though the failure is justified under the rules stated in this Chapter.
- The rule stated in Subsection (1) does not apply if the other party assumed the risk that he would have to perform despite such a failure.
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