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Sample Essay on Contract Law

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Sample Essay on Contract Law

Contract law

With respect to the impossibility of performance, Millie cannot defend her case successfully even though she can be excused for this one time. This can happen because once the contract is in force, then it must remain so unless the court discharges it under certain impracticability conditions (Miller, & Jentz, 2010). For Millie’s case, the two did not anticipate the drought in their contract, as such; they did not agree what would happen in such a case. At the same time, it is not practically impossible for Millie to deliver the other bushels even in the future. Certainly, the fact that Millie is unable to deliver all the bushels now does not discharge the contract automatically because it is reasonable to anticipate drought even though the two did not anticipate it.

The discharge of the contract can only happen under the following three conditions. First, if there are new laws that make the contract illegal (Miller, & Jentz, 2010). In this case, there are no such laws that make the contract illegal. Second, Millie can defend her case if she is physically incapable of delivering the bushels to Frank. However, this is not the case; thus, Millie cannot defend her case successfully. Third, Millie can defend her case successfully if Frank acted in contrast to the contract. Once again, Frank did not act in contrast to the contract. With respect to these three reasons, Millie cannot defend her case successfully. On the other hand, Millie cannot cite commercial impracticability in this case study because the fact that drought affected her produce in the last season does not mean that she cannot grow more bushels on her farm. In this case, it is not either expensive to grow more bushels on her farm than contemplated in the contract or difficult for her to do it once again (Miller, & Jentz, 2010). Given these reasons, Millie cannot defend her case successfully and she is still bound by the contract.


Miller, R., & Jentz, G. (2010). Fundamentals of business law part 1. (8th ed.). Boston, MA: Wadsworth Cengage Learning.











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