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Reasoning:
o Impracticability doesn’t apply. Was no impracticability in the planning or
submitting-just in the financing.
o The conditions of impracticability must be unforeseen; the P knew of the
possibility of not being able to find funding.
o The nonoccurrence was not a basic assumption of the contract.
Notes
d. Dependant v independent condition
e. K was supposed to go out and get financing. In any event, contractor was
supposed to turn over a set of plans, independent of his getting financing. Court
said there's a positive obligation.