Should the contract have included provisions about what happens if unexpected events, like the flood, make it impossible to fulfill the agreement?
Yes, ideally, the contract should have included provisions addressing unforeseen events like floods or other “acts of God” that could make fulfilling the agreement impossible. Including such provisions helps clarify the responsibilities and outcomes in case of unexpected circumstances. If the contract had specified what actions or alternatives should be taken if these events occurred, it could have provided guidance and potentially excused non-performance due to these uncontrollable factors. This absence of specific provisions in the contract impacted the determination of liability when faced with unforeseen events, leading to the person responsible for delivery being held accountable for breaching the agreement despite the occurrence of the flood.