277pag17126_ch09_256-277.indd 277 10/09/17 08:59 PM 8. Commercial ImpracticabilityA tripling of prices by an illegal cartel of uranium producers caused Westinghouse Electric Corp. to default on uranium delivery contracts to a number of utility companies. The companies sued and Westinghouse settled. If the case had gone to trial, what defense might Westinghouse have raised to excuse its nonperformance under the contracts? 9. Waiver or ReleaseWhat do waivers and releases have in common?Breach 10. Damages and Equitable Remedies (a) How are damages different than equitable remedies? (b) If David breaches his agreement to pay $5000 to Laura for her car, and she later sells the car to Ellysa for $4000, what is the measure of Laura's damages from David's breach? (c) Explain one's duty to mitigate contract damages. (d) If Olaf breaches his obligation to deliver a new car to Lisa, is it likely that a court will require Olaf to deliver the car through the remedy of specific performance? 11. Efficient BreachIs it legitimate (fair or moral) for one party to breach his or her agreement with another to take advan-tage of a better opportunity, so long as the non-breaching party can be fully compensated? In other words, does the law create a duty to keep our promises beyond economic consequences?Third Parties' Rights 12. BeneficiariesWhat is the distinction between an intended and an incidental beneficiary? 13. Assignment and Delegation in Contracts (a) Franchetti Rifle Distributors assigns a $20,000 claim against Top Gun Inc. to the Zenith Collection Agency. When Zenith sues Top Gun, Top Gun asserts that it rejected a shipment of rifles from Franchetti out of which the claim arose because they had defective trigger guards. Explain whether Top Gun can properly assert its defense against plaintiff Zenith. (b) If Peter moves out of his apartment and delegates his duty to pay rent to a new sublessee, Jenny, will Peter still be obligated to pay if Jenny breaches? 14. NovationsExplain the purpose of a novation and who must be party to it.business discussionsAs a new sales representative for Misco Equipment Corporation, you take a customer out to dinner. Before dinner is over, you have shaken hands on a deal to sell the customer nearly a half-million dollars' worth of industrial equipment. In writing up the formal contract the next morning, you discover that you misfigured the equipment's price. Your error could cost Misco $60,000. You telephone your customer and explain the situation. Is the "deal" you made an enforceable contract? Does the mistake you made permit you to get out of an enforceable contract? What do you think will happen in this situation?