Can a business cancel a contract if the unfair contract price is causing it to lose money?

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

That will depend on the specific terms of the contract and any factual basis you have for canceling the contract. If the other side has breached its part of the bargain by not providing what it promised, you may be able to either cancel the contract or sue for damages in the amount that you lost due to the breach of the other party.

There are other circumstances under which you may be able to have the contract discharged, but this is very difficult. The doctrine of discharge by impracticability provides that a contract may be discharged by a court if, due to circumstances that were unforeseeable to either party at the time of formation of the contract, completion of the contract would be extremely expensive or difficult to perform. If circumstances such as this apply in your situation, speak to a lawyer to determine if you may be able to have your contract discharged.

Case Studies: Can a business cancel a contract due to unfair contract price impact?

Case Study 1: Breach of Contract

A business enters into a contract with another party for the provision of goods or services. However, the other party fails to fulfill its obligations, such as delivering the agreed-upon goods or performing the services as per the contract terms. In this case, the affected business may have grounds to cancel the contract due to the other party’s breach and seek damages for the losses incurred.

Case Study 2: Discharge by Impracticability

A business enters into a contract under certain circumstances that were unforeseeable at the time of contract formation. These circumstances make it extremely expensive or difficult for the business to fulfill its obligations as outlined in the contract. If the business can demonstrate that completion of the contract is impracticable and unforeseeable circumstances have rendered it financially unsustainable, it may seek to have the contract discharged by a court.

Case Study 3: Negotiating Contract Modification

In situations where a business is facing significant financial losses but does not have strong grounds for canceling the contract entirely, it may opt to negotiate a contract modification with the other party. By discussing the financial difficulties and potential impact on both parties, it may be possible to reach an agreement to revise the contract terms, including the price, to alleviate the financial strain on the affected business.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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