Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1969 A Second Look at the Suez Canal Cases: Excuse for Nonperformance of Contractual Obligations in the Light of Economic Theory Robert L. Birmingham Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Contracts Commons, Economic Theory Commons, and the Law and Economics Commons Recommended Citation Birmingham, Robert L., "A Second Look at the Suez Canal Cases: Excuse for Nonperformance of Contractual Obligations in the Light of Economic Theory" (1969). Articles by Maurer Faculty. 1700. https://www.repository.law.indiana.edu/facpub/1700 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations In The Light Of Economic Theory By ROBERT L. BImiMNGHAm* Take the area of relief available in cases where impossibility or mu- tual mistake excuses performance by both parties. We have almost totally failed to work out a system that satisfies anyone for dis- tributing the wide variety of losses (including lost expectations) caused by events which, by definition, are the fault of neither party.... [P3erhaps, the courts have managed to reach the best solutions on an individual case basis by the seat of their pants. It is at least open to doubt.