Asked by Carter Brown on Jun 28, 2024

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Louis agreed to provide all the apples that Cindy's Cider Mill will need at $8 per bushel unless weather conditions require additional labor to be hired. The rate would then be $8.50 per bushel. A freeze warning required Louis to hire 10 additional overtime workers, raising the cost per bushel to $9.75. Louis wants to get out of his contract. Can he?

A) No, the parties expected the hardship and provided for it in their contract.
B) No, there is no hardship.
C) Yes, the contract is commercially impracticable.
D) Yes, the freeze is a supervening event.

Commercially Impracticable

A condition under the Uniform Commercial Code where performance of a contract is made excessively burdensome or expensive due to unforeseen events.

Supervening Event

An event that occurs after the parties have entered into a contract and significantly changes the circumstances, possibly excusing performance.

Additional Labor

Extra workforce employed to meet increased demand or to complete a specific project or task.

  • Analyze the implications of changes in contract terms due to unexpected circumstances.
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ZK
Zybrea KnightJul 04, 2024
Final Answer :
A
Explanation :
The contract explicitly accounted for the possibility of adverse weather conditions requiring additional labor, and adjusted the price accordingly. Louis's situation, although more severe than anticipated, falls within the scope of the contract's provisions for weather-related adjustments.