Bernina wants to be excused from its contracts. Can it be excused under any contract doctrine?
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Bernina Sewing Machines imports sewing machines and parts for U.S. distribution. Its contract prices are in francs. Because of the devaluation of the U.S. dollar, Bernina wants to be excused from its contracts. Can it be excused under any contract doctrine? [Bernina Distributors, Inc. v Bernina Sewing Machines, 646 F.2d 434 (10th Cir. 1981)]
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Answer
Bernard cannot be excused from the contract. In this case, it is good to understand that a contract cannot be broken because of the failure of a business to make profit. For this reason, the provision of impracticability cannot be considered because the contract was made in a free way and the process of delivering the required goods was good and there were no issues which were reported
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