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Midstates Utility Corporation Contracts with North American Energy Company to Buy

question 7

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Midstates Utility Corporation contracts with North American Energy Company to buy 50,000 gallons of heating oil.North American agrees to deliver the oil in five equal installments between October 1 and the follow?ing March 15.The winter is the warmest on record,however,and after the last agreed delivery,Midstates has accepted only 30,000 gallons of the oil.When North American tenders the rest of the oil,Midstates refuses to take it,citing the weather and claiming to be acting in good faith.Will North American succeed in a suit against Midstates for breach of contract?


Definitions:

Tenskwatawa

A Native American religious and political leader of the Shawnee tribe, known as the Prophet, who advocated for a return to traditional ways and resistance against European-American expansion in the early 19th century.

Neolin

A Native American religious prophet who, by preaching pan-Indian unity and rejection of European technology and commerce, helped inspire Pontiac’s Rebellion.

Barbary Wars

The first wars fought by the United States, and the nation’s first encounter with the Islamic world. The wars were fought from 1801 to 1805 against plundering pirates off the Mediterranean coast of Africa after President Thomas Jefferson’s refusal to pay them tribute to protect American ships.

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