commercial impracticability
[/kəˈmɜːrʃəl ɪmˌpræktɪˈkæbɪlɪti/]
nounpl: commercial impracticabilities
impracticabilidade comercial
1. A legal doctrine that excuses performance of a contract when unforeseen events make performance extremely difficult, costly, or impossible, though not literally impossible
The supplier invoked commercial impracticability when a sudden embargo made importing raw materials prohibitively expensive.
O fornecedor invocou a impracticabilidade comercial quando um embargo repentino tornou a importação de matérias-primas proibitivamente cara.
2. A contract defense that allows parties to be excused from performance when circumstances fundamentally change and make the contract performance economically unfeasible
Due to commercial impracticability caused by the pandemic, the event venue sought relief from its booking obligations.
Devido à impracticabilidade comercial causada pela pandemia, o local do evento buscou alívio de suas obrigações de reserva.
This doctrine is a cornerstone of Anglo-American contract law, particularly in the United States under the Uniform Commercial Code (UCC). In Brazil, similar concepts exist but are approached differently through civil law principles such as 'impossibilidade superveniente' or 'caso fortuito'. The doctrine became especially relevant during the COVID-19 pandemic when many parties sought to excuse performance based on unforeseen commercial difficulties. In legal practice, the burden is on the party claiming impracticability to demonstrate that performance became substantially more difficult or costly than anticipated, without being completely impossible.
Related Idioms & Phrases
invoke commercial impracticability
claim of commercial impracticability
defense of commercial impracticability
impossible to perform due to commercial impracticability
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