...in France, the th้orie de l’impr้vision did not develop into anything more than a method for reliving governmental contractors of unforeseeable hardships to insure the uninterrupted functioning of public services. In practice, the theory has been applied only to three contracts (1) public works, (2) governmental supplies, and (3) concessions such as gas and electricity. Attempts to expand the doctrine of impr้vision to private contracts have been regularly frustrated by the Cour de Cassation, France's highest court, which has only been inclined to excuse performance of contractual obligations only if performance is literally impossible. [8] .