IV.   Consensus

Impracticability is a fictional concept whereby unforeseen circumstances make performance of the terms of the Consensus unreasonably difficult or unviable for the party obligated to perform.

“Unforeseen circumstances” in relation to Impracticability is any change in circumstances that were not anticipated nor included in any of the terms of the Consensus.

“Unreasonably difficult” or “unviable” in relation to Impracticability is a change to the conditions of performance of the agreement that place an unreasonable burden on a party that may also render performance unviable for the party.

No mercantile agreement may seek to exclude the right to claim relief through the defense of Impracticability.

The claim of relief through the defense of Impracticability does not excuse non-performance, unless no relief is properly offered.