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REBUS SIC STANTIBUS - agreement is valid only if the same conditions prevailing at time of contracting continue to exist at the time of performance
EFFECT OF DIFFICULTY BEYOND PARTIES’ CONTEMPLATION
Rule: Obligor may be released in whole or in part
REQUISITES:
(a) The event or change could not have been forseen at the time of the execution of the contract
(b) The performance is extremely difficult, but not impossible (because if it is impossible, it is extinguished by impossibility)
(c) The event was not due to the act of any of the parties
(d) The contract is for a future prestation
EFFECT OF DIFFICULTY BEYOND PARTIES’ CONTEMPLATION
Rule: Obligor may be released in whole or in part
REQUISITES:
(a) The event or change could not have been forseen at the time of the execution of the contract
(b) The performance is extremely difficult, but not impossible (because if it is impossible, it is extinguished by impossibility)
(c) The event was not due to the act of any of the parties
(d) The contract is for a future prestation
