Red operates a scrap metal business and contracts to provide ten tons of scrap steel at $50 per ton to be delivered to Sabin in six months.An un?fore?seen shortage of scrap steel suddenly develops,making it impossible for Red to fulfill his contract for less than $500 per ton.Red's best de?fense against performing the contract would be
A)contract alteration.
B)impossibility of performance.
C)commercial impracticability.
D)discharge by rescission.

Question

Quizplus · Accepted Answer

Red can argue commercial impracticability as a defense because an unforeseen shortage of scrap steel has made it impossible for him to fulfill the contract for less than $500 per ton. This defense allows him to be excused from performance under the contract due to unforeseen and uncontrollable circumstances that make performance commercially impracticable.

Red Operates a Scrap Metal Business and Contracts to Provide