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Question
Alan's Saddles makes high level seats for racing bicycles and sells to many of the top bicycle manufacturers. There are eight available sources of the type of rubber that Alan's uses; however, they have always dealt with a company in the Republic of Anaerobia exclusively. Your company has a contract with Alan's for 10,000 seats. You have just received a letter from Alan's explaining that due to turmoil in Anaerobia, their supplier cannot export their product so Alan's cannot complete the contract.A.Alan's can get out of the contract based on impossibility of performance.
B.Alan's can get out of the contract based on commercial impracticality because they can't be forced to buy from suppliers that they have never dealt with before.
C.Your company can sue for breach because if the raw materials are reasonably available from another source, Alan's cannot be discharged due to impracticality.
D.Your company can sue for specific performance if the seats are typical of all bicycle seats and not special or unique in any way.
Answer
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