my opinion about

COLLAPSE

Top Notch Rugs had a contract with Macy's Home Furnishings with the agreement to deliver 100 rugs at the beginning of each month from January to December. Top Notch Rugs should have been apprised about the possibility of vilonce sitution and should have anticipated it before enterning into contract with Macy's Home Furnishing.There was a material breanch of contract which brought damages to Macy's Furnishing."A material breach of a contract occurs when a party renders an inferior performance of his or her contractual obligations that impairs or destroys the essence of the contract." Top Notch Rugs should have studied first the possibilities and consequences by consdering its relations to other places/countries before entering a contract with Macy's Home Furnishing. Noteworthy, an affirmative defense of impracticability can be defeted if the circumstance is foreseeable. This case can be compared to the Miller v. Mills Const., Inc., 352 F.3d 1166, (8th Cir. 2003), under a contract deliveries were suppose to start the first week of April. Mills instead made the deliveries April 15th, and even then not all the materials were delivered. This caused construction to be delayed, and even with all the deliveries made they found that most of the orders were wrong.The district court found that the down-time charges were proximately caused by Mills' breach of the contract. Under Florida law, a material breach of a contract is a failure, without legal excuse, to perform any promise or obligation or that goes to the essence of the contract