Two cases in this chapter, Transatlantic Financing and Bernina Distributors, involved very different facts but similar issues of law. What legal issues do they have in common? In each case there is some unexpected "supervening event" that interfered with one party's ability to perform and with their expectations in the contract. In either case, did the nonperforming party have a legally recognized "excuse for nonperformance"? Why or why not? While you might have to wait until a later chapter for a full answer, how do you think parties to a contract might deal with these uncertainties in advance?