Force Majeure Is Nice, But Have You Tried Impracticability?

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One trick I learned early in my litigation career was what the witness can say when the lawyer asks, “ok, but is it possible that ____?” The classic answer: “Anything’s possible.” Sure, it’s flip, but it’s effective. This answer succinctly points out the folly of the question. Getting a witness to say it’s possible that some event happened doesn’t really prove anything. In litigator lingo, it’s “no evidence” that the thing actually happened. But is it true that anything is possible? Sometimes performance of a contract will become impossible after the parties sign it. This has become even more apparent […]