Rich Pugh Unit 5 Case Analysis

Rich Pugh Unit 5 Case Analysis - Case Analysis 1 Case...

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Case Analysis 1 Case Analysis: Week 5 Student: Rich Pugh Kaplan University LS311: Business Law I Instructor Nivea Castro, J.D. July 12, 2011
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Case Analysis 2 Facts/History Millie agreed to contract 10,000 bushels of corn to Frank. There is a drought that makes Millie’s yield less than what is expected. Although the contract states that Millie is to produce 10,000 bushels for Frank, he accepted her offer of 250 bushels. Issue Can Millie use the defense of the impossibility of performance due to unexpected lower yield that growing season? Decision/Reason Millie can defend successfully under the impossibility of performance grounds due to the drought. The subject matter of the contract, 10,000 bushels of corn, was unable to be grown because of the unforeseen drought. It would be impossible for Millie to have known that was going to happen. Analysis The three elements of impossibility of performance are when a party whose personal performance is essential to the completion of a contract dies or become incapacitated
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Rich Pugh Unit 5 Case Analysis - Case Analysis 1 Case...

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