Impracticability

1. condition or situation where the performance of an obligation is prevented or impeded. 2. the formal affirmative defense discharging a party from performing a contract term as a result of some event beyond that party’s control that precludes performance or makes it cost-prohibitive. Contractual obligations are discharged if impracticability attaches after the contract is made without fault of the party seeking discharge, and as a result of the failure of basic assumption, and language or circumstances is not to the contrary. Classic examples include: (1) death/incapacity of the necessary person; (2) destruction, deterioration, or non-emergence of the specific thing that is the subject of the contract; or (3) government regulation or law that makes performance of the contract illegal.

Ex.

After the earthquake destroyed the skyscraper, its sale was impracticable.