Identify the factors courts consider in deciding the validity of commercial impracticability and frustration of purpose claims.

What will be an ideal response?


In deciding whether a change in circumstances should permit one side to escape its duties under the doctrines of commercial impracticability or frustration of purpose, courts consider the following: (a) mere financial difficulties will never suffice to discharge a contract; (b) the event which led to the claim must have been truly unexpected; and (c) if the promisor must use a different means to accomplish her task, at a greatly increased cost, she probably does have a valid claim of impracticability. 

Business

You might also like to view...

The member of the buyer center who actually utilizes items after they are purchased is the:

A) user B) influencer C) decider D) gatekeeper

Business

People who hold ______ type of self-esteem tend to be critical of others, perform poorly in their presence, and feel threatened by superiors.

A. high self-esteem B. low self-esteem C. no self-esteem D. performance esteem

Business

A hot dog manufacturer wishes to minimize the cost in dollars of producing a low-cost niched product while meeting the dietary guidelines for protein and sodium

Once the model has been run, the surplus variable in the sodium constraint has a value of 1300 milligrams. The best interpretation of this outcome is: A) The value of the sodium in a hot dog is 1300. B) The amount of sodium in a single hot dog should be 1300 milligrams. C) The minimum cost hot dog has 1300 milligrams more sodium than required. D) A hot dog should have at least 1300 milligrams of sodium.

Business

Use the information below to answer the following question(s):The following data is supplied from the comparative balance sheets and income statement information from Moreno, Inc. Net income for Year 2 was $40,000. No long-term assets were sold and no new notes were issued during Year 2. During Year 2, Moreno paid dividends of $24,000.Consider the information provided. Required:Prepare the financing activities section of Moreno's statement of cash flows.

What will be an ideal response?

Business