After carefully reading the full case Maple Farms, Inc. v. City School District of the City of Elmira, provided in .pdf, answer the following questions, following the structure and indications provided below: 1. Critically discuss, in full detail, the obligations of the buyer and of the seller involved in the previous case and indicate why the two positions were so irredeemable (15 points). 2. Conduct desk research on the doctrine of commercial impracticability within the US legal system based on peer reviewed legal journals (25 points) 3. In considering the legal effects and a possible different outcome had this case been presented in a civil law court, how would the case outcome have been otherwise? (10 points) 4. Suppose that the court had ruled in the plaintiff’s favor. How might that ruling have affected the plaintiff’s contracts with other parties? Explain your line of reasoning (25 points) 5. Discuss relevant remedies available to parties in case of breach of contract according to the information provided and to current legislation on commercial impracticability (25 points). Please, respond to the questions in an essay form. Use Harvard referencing and provide supporting evidence to back your reasoning. Summary of the case: In Maple Farms, Inc. v. City School District of the City of Elmira, 76 Misc.2d 1080, 352 N.Y.S.2d 784 (Chemung County, 1974), it was held that economic hardship alone was not enough to excuse performance and, therefore, the increase in the price of milk, which was not totally unexpected in view of the past history of milk prices, would not justify terminating the contract.This is an individual assignment.
Make sure your writing is precise and to the point. Your paper should not exceed 2000 +/-10% words per student, excluding appendices and references.
Format of the Report:
1. The report should display a coherent structure: title page should include student name, module name, lecturer name, date and school name followed by
contents page, introduction, executive summary, methodology, findings, analysis, conclusions, recommendations, referencing and appendices.
2. The report should be prepared as a neatly typed Word document (Times New Roman 12 points), with double spacing and page numbering.
3. All reports will be discussed in class in a power point presentation of no more than 20 minutes. The presentation should be a summary of your work. The
PowerPoint presentation should be printed 4 slides per page and submitted attached to your project, otherwise submission will be rejected.
4. Tables or work/data taken from other sources may be included in an appendix.
5. All sources must be referenced in the text and a full bibliography must be provided (including
visited websites) in the Harvard style referencing system. Paraphrasing or direct quotes taken from other sources must be clearly indicated with citations. No
footnoting!
6. Students are reminded that depth, relevance and variety are the crucial elements of quality research. (Wikipedia is not considered to be a relevant source
of information; any students referencing Wikipedia will be deducted marks! Alternatively, if you find information on Wikipedia use the original sources listed
at the bottom of the article)
7. Students are reminded to use valid and peer-reviewed references to support their work. Websites should only be used if they represent an established
source and only for facts and figures. Students should make the most of academic and practitioner books and articles.
8. Submission should be by the deadline below on Turnitin.com.
9. All work must conform to University regulations on Cheating, Collusion and Plagiarism’ as
described in your program handbook. You are advised to use the Harvard referencing style and avoid plagiarism.