What if abc sues xyz for failing to perform


Problem: ABC and XYZ have had a business relationship for the past 10 years and always used the Panama Canal for the transfer of their goods via ship. As the canal is located in a hurricane area, the parties are thrilled that there has never been a hurricane that has interrupted their prior dealings. This year, the canal is closed due to a hurricane. It will cost XYZ too much to use an alternate route so they refuse to perform and claim commercial impracticability as a defense. If ABC sues XYZ for failing to perform what is the likely result? Group of answer choices XYZ will win because it was commercially impracticable for them to perform. XYZ will likely lose because the defense of commercial impracticability would be inapplicable here. XYZ will likely lose because the UCC would be inapplicable. XYZ will win because it was financially impossible for them to perform.

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