Page 37 - Q&A

This may therefore limit your rights to cancel the contract for breach. This
is not to say that you are tied in to the contract forever. If your contract does
not have specific provisions which regulate an occurrence which create an
impossibility to perform our courts could apply the common law approach
to a supervening impossibility to determine whether it is reasonable and fair
for the contract to remain in force or whether the nature and duration of the
supervening impossibility is of such a nature that the foundation of the contract
has been destroyed and the contract should be cancelled. As always, the
specific circumstances of each situation will dictate whether such cancellation
would be possible or not.

Our advice is to discuss the contract with your attorney to advise on whether Commercial
you have sufficient grounds for cancellation as well as alternative options that
could be considered should you not be able to do so.

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