Leticia contracts with Mariana to sell land that,unknown to either party,has groundwater contaminated from adjacent land that was occupied several decades earlier by a chemical manufacturing plant.When this is discovered,Leticia asserts the doctrine of commercial impracticability.This doctrine applies only when,with respect to an event that renders performance impossible,at the time the contract was formed the parties
A)could not have reasonably foreseen the supervening event.
B)could have reasonably foreseen the supervening event.
C)should have foreseen the supervening event,reasonable or not.
D)should not have foreseen any supervening events.

Question

Quizplus · Accepted Answer

The doctrine of commercial impracticability applies only when, with respect to an event that renders performance impossible, at the time the contract was formed, the parties could not have reasonably foreseen the supervening event. In this case, neither Leticia nor Mariana could have reasonably foreseen the contamination of the groundwater from adjacent land that was occupied several decades earlier by a chemical manufacturing plant. Therefore, the doctrine of commercial impracticability applies.

Leticia Contracts with Mariana to Sell Land That,unknown to Either