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If a contingency is foreseeable, it and its consequences are taken outside the scope of U.C.C. § 2-615, because the party disadvantaged by fruition of the contingency might have protected himself in his contract, Ellwood v. Nutex Oil Co., 148 S.W.2d 862 (Tex.Civ.App.1941).

The foreseeability point is illustrated by Foster v. Atlantic Refining Co., 329 F.2d 485, 489 (5th Cir. 1964). There an oil company sought release from a gas royalty contract because the royalty provisions of the contract did not contain an escalation clause, with the result that the oil company came to receive a far smaller share of the ...