Use the I-R-A-C method, practiced in the Problem Set assignment to act as a judge to address one of 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?

Geyer Schokolade, A.G. makes the bonbon of choice for the German yuppie. Its product's cachet permits Geyer to charge a hefty premium at home. Geyer expands into the U.S. market, where no one has heard of its bonbons, and charges a more reasonable price to garner market share. Henry Joseph, a U.S. entrepreneur, reimports the bonbons into Germany and offers them at a substantial savings below Geyer's price. What will be the result of Geyer's attempt to stop Mr. Joseph at the EEC Court of Justice?