Amy Sullo - Unit 5 Case Study - Business Law

Amy Sullo - Unit 5 Case Study - Business Law - whatever...

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Case Study By Amy Sullo Kaplan University Unit 5
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Case Study Millie contracted to sell Frank 10,000 bushels of corn to be grown on Millie's farm. Due to a drought during the growing season, Millie's yield was much less than anticipated, and she could deliver only 250 bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract. Can Millie defend successfully on the basis of outcome impossibility of performance? Explain. Summary In this case, yes Millie can defend successfully on the bases of impossibility of performance. Impossibility of performance is a circumstance, condition, or fact beyond the control of the parties may excuse performance where (1) means of performance is not available (due to its deterioration or destruction), (2) new or existing legislation prevents the performance, (3) an illness or death renders it unfeasible, and/or (4) delivery or payment cannot be effected for
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Unformatted text preview: whatever reason (Miller, 2008). When Millie signed the contract with Frank for 10,000 bushels of corn, she was not planning on their being weather issues and a drought that would affect the crops. The weather is not something that is controllable and would fall under the discharge by operation of law. This is an unforeseen event that the courts could consider commercially unfeasible. This case also could fall under the temporary impossibility which means that an occurrence or even makes performance of growing the corn to be impossible to be grown this year with weather conditions, but maybe Millie might be able to make up for the difference next year. References Miller, R. &. (2008). Fundamentals of business law part I. Boston MA: Cengage. Unknown. (n.d.). BusinessDictionary.Com . Retrieved July 8, 2012, from BusinessDictionary.Com: ...
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