Use the I-R-A-C method, practiced in the Problem Set assignment to act as a judge to address the issues raised by the following fact patterns:

Bende had a contract to sell boots to the government of Ghana for $158,500. Bende promised to deliver the boots "as soon as possible." Bende then contracted with Kiffe, who agreed to make the boots in Korea and to deliver them in Ghana within sixty to ninety days at a price of $95,000. The contract contained no force majeure clause. Kiffe knew that Bende was going to resell the boots. Kiffe failed to deliver the boots on the agreed date because a train carrying the boots had derailed in Nebraska. How should the court rule in the resulting lawsuit?