Dan and Leo agree to buy and sell "groceries and sundries" from Public Growers, Inc. in their stores. The five-year contract does not define groceries and sundries, but the parties agree the number of products purchased should be consistent every week. COVID hits and Public Growers, Inc., has a hard time meeting the demand of its sellers. Brian, the produce manager for Public Growers, assures Dan and Leo they will always have enough fruit and vegetables for their stores. Dan and Leo file suit for breach of contract.

   

1. Determine whether a contract is formed and if the situation is governed by common law contracts or the Uniform Commercial Code. Support your determination with evidence.
2. Determine whether parole evidence is admissible to explain the terms of the contract and whether any exceptions pursuant to the Uniform Commercial Code apply.
3. Determine whether Dan and Leo can successfully sue for breach of contract when they are forced to close two stores. Support your findings and provide an understanding of the law.
4. Research three potential contract defenses for Public Growers, Inc., and explain how they could be utilized to avoid liability.