According to the restatement of contracts

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According to the Restatement (Second) of Contracts, discharge by reason of impracticability requires that the party claiming discharge prove all but which of the following?

An event occurred whose non-occurrence was a basic assumption of the contract. The breaching party violated a duty of care to the party claiming discharge and caused damages as a result. The party claiming discharge did not agree to performance in spite of impracticability that would otherwise justify non-performance. There is commercial impracticability of continued performance.

Reference no: EM133812332

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