Restatement Second of Contracts § 268
Effect on Other Party's Duties of a Prospective Failure Justified by Impracticability or Frustration
- A party's prospective failure of performance may, except as stated in Subsection (2), discharge the other party's duties or allow him to suspend performance under the rules stated in [R2C § 251(1)] and [R2C § 253(2)] even though the failure would be 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 in spite of such a failure.
Copyright, The American Law Institute