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Unformatted text preview: of performance. They include: 1) when a party whose personal performance is essential to the completion of the contract dies or becomes incapacitated prior to the performance, (2) when the specific subject matter of the contract is destroyed, and (3) when a change in the law renders performance illegal. In the case of Frank vs. Millie, the specific subject matter of the contract was destroyed by a drought. For commercial impracticability to be successful, the performance must be extremely difficult or costly. It not only must be extreme but also must have not been known by the parties when the contract was made. In the above case, neither party could have known there was going to be a drought. Millie could have installed an irrigation system, but this would have been extremely costly. Breach of Contract Page 3 of 3 References: Miller, R. L., & Jentz, G. A. (2008). Fundamentals of business law part I. Mason, OH: Cengage Learning....
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This document was uploaded on 05/30/2011.
- Spring '10