ND Bar Practice Questions - North Dakota Bar Examination Exam

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A buyer contracts to purchase a custom machine. Before delivery, an unforeseen government embargo makes the seller's only source of a key component permanently unavailable, and no substitute exists. The seller refuses to perform. Which doctrine best describes the seller's defense?
Correct Answer:
Impracticability, where performance is rendered impracticable by an unforeseen event whose non-occurrence was a basic assumption

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