LAW 506-002 – Contracts II

Restatement Second of Contracts § 270


Partial Impracticability

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Where only part of an obligor's performance is impracticable, his duty to render the remaining part is unaffected if

  1. it is still practicable for him to render performance that is substantial, taking account of any reasonable substitute performance that he is under a duty to render; or
  2. the obligee, within a reasonable time, agrees to render any remaining performance in full and to allow the obligor to retain any performance that has already been rendered.