SondraStark_Unit5CaseStudy_MT311-07.docx

SondraStark_Unit5CaseStudy_MT311-07.docx - Unless Frank...

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UNIT 5 CASE Sondra Stark Unit 5 Case Study Business Law MT311-07 Kaplan University April 24, 2010
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UNIT 5 CASE Millie most certainly can defend herself in this case under impossibility of performance as well as commercial impracticability. First, I will discuss her rights under impossibility of performance and later discuss commercial impracticability. According to Fundamentals of Business Law Part I, impossibility of performance is defined as a doctrine under which a party to a contract is relieved of their duty to perform when that performance becomes impossible or impracticable. Along with this is a case of temporary impossibility which is a major occurrence or event that takes place to cause operation to be suspended or ceased completely (Fundamentals of Business Law Part 1, G-10). Millie can use this as her defense, as something happened that was completely out of her control. There was a drought. She did not anticipate that happening, or I am sure, never would have entered into the agreement.
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Unformatted text preview: Unless Frank decided to wait for another harvest, Millie had no choice but to cease her operations. Commercial impracticability is defined as a doctrine under which a party may be excused from their obligations if a contingency occurs, that contingency makes performance impractical and the nonoccurrence of the contingency was an assumption under which the contract was made (Fundamentals of Business Law Part 1, G-4). Millie can also use this as her defense as this drought was something completely unexpected and neither her or Frank could have possibly known this was going to happen when the contract was entered into. UNIT 5 CASE In closing, Millie did not legally do anything to breach this contract. All of this was completely out of her control. Therefore, she can use defenses of impossibility of performance and commercial impracticability to help her case. UNIT 5 CASE REFERENCES Miller, R., & Jentz, G. (2009). Fundamentals of Business Law Part I pgs 234-235, G-4, G-11....
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SondraStark_Unit5CaseStudy_MT311-07.docx - Unless Frank...

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