Millie contracted to sell Frank 10,000 bushels of corn to be grown on Millie’s farm. Due to a drought during the growing season, Millie’s yield was much less than anticipated, and she could deliver only 250 bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract. Can Millie defend 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 defense can be used.
• Discuss commercial impracticability and its application to the above case.