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You are in charge of purchasing supplies for the University of lowa's ( lowa ) dining halls. In that role, you negotiate and enter into
You are in charge of purchasing supplies for the University of lowa's lowa dining halls. In that role, you negotiate and enter into many yearly contracts with suppliers. For example, lowa entered into a written contract with Pepsi, Inc. Pepsi that provides that for the year you will pay Pepsi $ month for Pepsi products. The University of lowa sent students home on March due to COVID, and lowa no longer needs the Pepsi products each month. lowa wants to be excused from performing under the contract based on impossibility. It is a pandemic! Pepsi is ready to deliver the Pepsi products, and they want their $ month.
Is lowa likely to succeed on the impossibility defense and avoid being in breach if they do not pay the monthly payment?
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