Top Notch Rugs and Macy's Home Furnishings had a contract that every first day of every month, 100 rugs would be delivered. The rugs arrived in January, but in February, Top Notch Rugs informed Macy's that they would no longer be able to deliver 100 rugs every month due to the violence in the Middle East. Top Notch Rugs could be protected from any legal issues due to the Middle East issue preventing them from receiving any rugs. Also, they informed Macy's right when the rugs would not be delivered and why. In Florida Statutes 679.309, it is stated that all goods in a contract have to have a security interest. Also, Florida Statute 686.503 states about contract provisions, that all provisions must be in a written contract. Therefore, if Top Notch Rugs proves the delay is out of its hands, it can come to another agreement with Macy's. They can also prove that the violence issue in the Middle East could be considered like any significant disaster.

 

assume you represent Macy's. Your task is to defeat Top Notch Rugs' impracticability defence.

Draft arguments that will weaken your opponents' positions. (to the post above)