(1) Where a contract, whose objective is unattainable, is concluded, a party to the contract who was aware of, or should have been aware of such unattainability, shall be liable for damages suffered by the other party who relied upon the contract as valid; provided, the amount of damages to be recovered may not exceed the profit which would have occurred if the contract was valid.
(2) The preceding paragraph shall not apply where the other party was aware of, or should have been aware of such unattainability.