Business

Impossibility of Performance

Brandy Shouse

Kaplan University

Impossibility of Performance

When there is produces that is supposed to make so much per acre and the weather is not good for the said year. It cannot be guaranteed that the corn will produce the yield that it says that it will. With crops it really depends on the weather to make the yield that it needs to produce the yield that is said it would.

It could be said that she was in breach of contracted because she was contracted for 10,000 bushels. She only yields 250 bushels of corn. If she knew that the yield was low she should never said that she will of told frank that she would sell him the 10,000 bushels of corn that were to be grown on her farm. She should have said a low number and then if it was more than what she thought. She could have gone and told him the yield was higher than she had hoped and that if he wanted the difference she could sell lit to him too. She can use the defense of impossibility of performance because yield is not guaranteed. With crops there are a lot of things that have to go right for the crop to yield what it says it will.

Millie can defend with the outcome impossibility of performance because she could not say for sure that the product would yield want it said. Impossibility of performance can be used to help the farmer out because they also can use that if she wanted to come back on the supplier and say I lost money because the product you sold me did not yield what it said it would. So it could be turned around to help her because it is not guaranteed to that it will be the same every time that she plants that type of corn. There are many things that went wrong that she could not control.

Reference

Miller, R. & Jentz, G. (2006). Fundamentals of Business Law. 6th Edition. Thomson South- Western. Mason, OH