legal 240

Week 6 - Performance & Breach: Chapter 8 & Lecture Notes

Miki Asako has been in the farming business for as long as she can remember. She has one of the largest apple orchards in the country, called Highland Farms. Every year, Highland Farms, located in Wenatchee, Washington, contracts with Bordeaux Foods for its apple harvest. This season was exceptionally dry in Washington state, with numerous record-breakingly large wildfires. Ms. Asako cannot remember fires like this ever happening to this extent. Even though Highland Farms did everything that it reasonably could to save its orchards, they were all completely destroyed by the smoke and fires. As a result, the company did not supply Bordeaux Foods with any apples. Bordeaux Foods was upset by this and sued Highland Farms for nonperformance and breach of contract. What is the best defense for Ms. Asako and Highland Farms against Bordeaux Foods's lawsuit? Explain your answer and discuss all issues as they relate to your notes on performance.