The event occurred after the contract was made.
Performance became impracticable because of the event.
The nonoccurrence of the event was a basic assumption of the contract.
The party seeking to be discharged carried the risk of the event’s occurring.
Scott J. Burnham is the Curley Professor of Commercial Law at Gonzaga University School of Law. For 30 years he has taught Contracts at law schools internationally and throughout the U.S. He is also a prolific writer on legal topics and a consultant on contract drafting for numerous businesses.
