But the Transatlantic court holds that the closing was unexpected.
"Unexpected" events--for the purpose of applying impracticability doctrine--are not always unexpected in the ordinary meaning of the term.
Courts consider whether the parties took account of the risk of the event in entering the contract. If they were aware of it, but the risk of the event did not play a significant role in their negotiations, the court may hold the event was "unexpected."
There is, however, no clear guidance about how unexpected the "unexpected" event has to be.