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UCC Contracts QUESTION #5851
Question 1
A Farmer agrees to sell his entire upcoming corn crop to a Food Processor. A freak frost destroys the crop before harvest. Is the Farmer's performance excused?
  • No, because the Farmer assumed the risk of weather.
  • Yes, under the doctrine of 'Commercial Impracticability'.✔️
  • No, because the Farmer could buy corn elsewhere to fulfill the contract.
  • Yes, but only if the contract was for more than $5,000.
Correct Answer Explanation
Under UCC §2-615, delay in delivery or non-delivery is not a breach if performance has been made impracticable by the occurrence of a contingency, like a natural disaster.