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QUESTION

Millie contracted to sell Frank 10,000 bushels of corn to be grown on Millie's farm.

Millie contracted to sell Frank 10,000 bushels of corn to be grown on Millie’s farm. Due to a droughtduring the growing season, Millie’s yield was much less than anticipated, and she could deliver only 250bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract. Can Milliedefend successfully on the basis of outcome impossibility of performance? Explain.In responding to the question be sure to: Discuss the elements of impossibility of performance and the three situations where this defensecan be used. Discuss commercial impracticability and its application to the above case.

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