Question
Case #3 - Case # 3 - North Central Airlines and Continental Oil Co. had entered into a contract for the sale of oil. The
Case #3- Case # 3- North Central Airlines and Continental Oil Co. had entered into a contract for the sale of oil. The price of the oil was to be determined by averaging the posted prices of a particular type of oil. After the contract was entered, the federal government began to regulate the price of oil and introduced a new "two-tier" pricing system. Under the new federal price regulation, the contract method of pricing could not be followed. If the agreed method of setting prices cannot be used does the contract fail, what should the court decide in this case? What method would be used in determining the price and the price-setting mechanism? What are the legal defenses that could be raised in this case? Explain this defense. Which do you feel should win? Substantiate your answer by legal reasoning. What portions of Article 2 of the U.C.C. would apply? Discuss the legal theory behind your answer. North Central Airlines, Inc. v. Continental Oil Co., 574 D.2d 582 (D.C. Cir. 1978).
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