Biology Forums - Study Force

Commercial Impracticability. E+E (US) Inc, Manley Regan Chemicals Division, agreed to sell to Rockland Industries, Inc, three containers of antimony oxide for 1.80 per pound. At the time, both parties knew that there was a global shortage of the chemical, that prices were rising, and that Manley Regan would obtain its supply from GFI Chemicals, Inc When GFI could not deliver, Manley-Regan told Rockland that it could not fulfill the contract. Rockland bought an equivalent amount of the chemical elsewhere at an increased price and filed a suit in a federal district court against Manley-Regan to recover the difference between the cost of the substitute chemicals and the contract price. Manley Regan argued that the failure of delivery by GFI, its sole source for the oxide, excused its failure to perform on the ground of commercial impracticability. Will the court agree? Why or why not?

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