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Academic

: The Faculty Lounge

Contracts Prof Finds Herself in Real-Life Contracts Hypo

By Miriam Cherry

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Due to the Icelandic volcano, my friend Prof. Susan Franck(W&L) finds herself living out a contracts problem.  During the past semester, Susan has  been in Geneva, as a Scholar in Residence at the United Nations Conference on Trade and Development.  Recently, she signed a contract to buy a car for European delivery on 5/25 (to have the car then shipped to Virginia).  She sent the signed contract and her down payment by airmail and receipt is required by BMW by 4/25 (arguably a material term).  If delivery is delayed due to the volcanic eruption, is there a contract, is it breached, and are there any defenses?  Discuss. 

p.s. I just read a story online indicating that some European airports are starting to re-open.  However, for purposes of this hypo, assume that delivery is delayed past the 25th.

Full post as published by The Faculty Lounge on April 19, 2010 (boomark / email).

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