Increasing energy shortages and resulting disruptions in energy supplies demand that supply contracts provide for contingencies that may render performance commercially impracticable. Proceeding upon the assumption that energy contracts are within Article 2 of the Uniform Commercial Code, the author examines Section 2-615, which deals with commercial impracticability. Concluding that Section 2-615 alone may inadequately express the intentions of the parties to the contract and that Section 2-615 may be amended or supplanted by contractual clauses, the author proposes contractual provisions that improve upon the treatment of commercial impracticability in Section 2-615.
Norman R. Prance,
Energy Contract Planning: Allocating the Risks and Consequences of Commercial Impracticability,
3 Hastings Int'l & Comp. L. Rev. 435
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol3/iss3/2