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Seller, Through No Fault of Its Own, Is Unable to Deliver

question 9

Essay

Seller, through no fault of its own, is unable to deliver the goods to buyer because the agreed type of carrier is unavailable. Explain what the Code requires.


Definitions:

Real Estate

Property consisting of land or buildings, along with the natural resources of the land including uncultivated flora and fauna, water, and minerals.

Easement

A non-possessory right to use and/or enter onto the real property of another without owning it.

Course of Performance

Course of Performance refers to the conduct between parties in the execution of a contract that helps to interpret and define the contract's terms.

UCC

Uniform Commercial Code; a comprehensive set of laws governing all commercial transactions in the United States.

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