1. Assume that I am the owner of a gravel pit business. You are the owner of a new business to be built this summer. My business is in Wolstenholme, Canada and your building site is in Kinngait, Canada. You can look at Google Earth, they are across a bay from each other. In September of 2023 we contracted for me to deliver 1,000 tons of gravel to your location in Kinngait. The price was $2500 per truck load. This amounted to $250 per ton and included the price of delivery to you location. The total price of the contract was $250,000. The delivery was to start January 2024 and be completed by March 2024. What happened was that the bay did not freeze solid enough for me to drive trucks over the frozen bay. I would have had to go around the bay, which increased the distance 5-fold, and the price would have been $12,500 per trip. I refused to comply with the contract claiming commercial impracticability.
2. Assume that I have been in business at this location for 35 years and only one other time did the bay not freeze solid enough for truck traffic. You sue me for breach of contract. Who will win and why? You must provide a full and detailed explanation.