Center for Law and Economic Studies
Center for Contract and Economic Organization
In the first section I present an e of why reasonable businessmen would choose to excuse performance for some changed circumstances, but not others. In the remainder of the paper I will analyze specific problems that have arisen in the impossibility case law and literature. The explanation forwarded in Section 1 will play a prominent role in much of that discussion. Largely because their paper stimulated my thoughts on the problem, I will contrast my analysis of some of the specific cases to that of Posner and Rosenfield . I will not, except in passing, critique the case law, the reasoning underlying the case law, or the other scholarship.
Victor P. Goldberg,
Impossibility and Related Excuses,
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2246