impracticability

The term "impracticability" in federal rule (Fed.R.Civ.P. 23) providing for class action if class is so numerous that joinder of all members is impracticable does not mean "impossibility" but only the difficulty of inconvenience of joining all members of the class. Union Pac. R. Co. v. Woodahl, D.C.Mont., 308 F.Supp. 1002, 1008.

@ commercial impracticability

A broadened interpretation of the doctrine of impossibility which holds that a party to a contract for the sale of goods will be relieved of his or her duty to perform when the premise (e.g., existence of certain goods) on which the contract was based no longer exists due to unforeseeable events.

See U.C.C. No. 2-615.

See also commercial frustration

- commercial impracticability

- impossibility

+ commercial impracticability

U.C.C. No. 2-615 excuses either party from performing a contract where three conditions exist:

(1) a contingency must occur,

(2) performance must thereby be made "impracticable," and

(3) the nonoccurrence of the contingency must have been a basic assumption on which the contract was made. Neal-Cooper Grain Co. v. Texas Gulf Sulphur Co., C.A. 111., 508 F.2d 283.

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