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Unformatted text preview: indefinite, and it renders Gulf subject to Easterns whims concerning amount of jet fuel. Plaintiff contended that it was entitled to specific performance because both parties knew an embargo was imminent, and they had tied the contract price to domestic postings in an oil publication. The court agreed and granted injunctive relief, because commercial impracticability was not a defense where there was no evidence that defendant was losing money. Rather, the evidence showed that defendant was making a profit and its losses were merely paper losses. Alleging breach of contract, plaintiff airline sought injunctive relief from the district court (Florida) requiring defendant oil company to specifically perform requirements contract to supply aviation fuel, despite defendant's assertion of the commercial impracticability doctrine of the Uniform Commercial Code, U.C.C. 2-615....
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- Spring '08