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The Restatement and the Code Have Made the Traditional Test

question 51

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The Restatement and the Code have made the traditional test of objective impossibility more stringent by requiring that the performance must be actually or literally impossible in order to excuse a party from contractual duties.


Definitions:

Probability of Reliance

The likelihood that someone will depend on a particular piece of information or assertion in making a decision.

Advertised Price

The price of a product or service that has been publicly communicated to potential buyers through various marketing channels.

Reasonable Value

A fair market price or level of compensation that would be deemed equitable under normal circumstances.

Gratuitous Promise

A promise for which no consideration is given or required in return, often unenforceable without a deed or under specific legal conditions.

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