LS 311 Week 5 Case study Ron Blair apa
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Week Five Case Study
Ronald Blair
LS 311
December 11, 2012
Professor Toni Starcher
Week Five Case Study
The Facts are as follows. Millie who is a farm owner entered into a contract to sell Frank 10,000 bushels of corn that would be grown her farm. Due to a drought, Millie's yield was less than what was promised. Millie could only deliver 250 bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract.
The issue is whether Millie can defend a lawsuit based on the elements of impossibility of performance.
There are three elements to impossibility of performance. The first element is death. If the person who was supposed to perform the contract dies or is physically incapacitated prior to the contract performance, it will be objectively impossible to carry...