Spotrunn had a contract to deliver one gross (12 dozen) ties to Ties 'R Us.  On the day of delivery, Spotrunn's truck was involved in a terrible accident.  The driver barely got out of the truck before it exploded into flames, destroying the truck and its entire contents. Spotrunn called to inform Skip Towne, the president of Ties 'R Us that performing the contract was impossible.  Skip said, "It's not impossible to deliver.  You can get ties somewhere else".  Spotrunn replied, "These are specially priced ties that we can only get from one manufacturer in Thailand.  To perform the contract on time, we have to pay double for a rush order and then pay extra for express shipping.  It will cost us more than you are paying for the ties."  Skip said, "I don't care, it may be difficult for you to perform, but it is not impossible.  I demand that you perform the contract."

 Will Spotrunn be excused from performance?  Why or why not? 

Answer rating: 100% (QA)

In contract law the doctrine of impossibility or impracticability may excuse a party from performance if the performance becomes objectively impossibl... View the full answer