Question
Your client is being sued for breach of contract, and you are assisting the attorneys in your office with the defense. Your attorney is planning
Your client is being sued for breach of contract, and you are assisting the attorneys in your office with the defense. Your attorney is planning to use "impossibility and impracticability" as defenses to the plaintiff's allegation. The contract was for the sale of five slabs of granite for construction, but there was a strike in the stone quarry, and the specific type of granite has become very rare, making it difficult and expensive to obtain.
Instructions
1. Research case law to support your attorney's arguments of impossibility and impracticability.
2. Write up the results of your research in a memo for your supervising attorney. Be sure to include the following points in your document:
The legal definition of impossibility
The legal definition of impracticability
Your analysis of whether impossibility or impracticability, or both, should apply in this case
Citations to case law and an analysis of case law that supports your argument about why impossibility or impracticability should or should not be considered a legally valid defense
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