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Hargrove,Inc.is a distributor of grains and other farm commodities,which it buys directly from the farmers.Hargrove contracts with National Bakery Association to sell and deliver 1,000 tons of wheat during August.The wheat is to be delivered by rail (train).During July,before the wheat was shipped,the railroads went on strike.The wheat could not be shipped by train.However,the grain could be shipped by truck,but only at a cost double that of trains.Hargrove refused to ship the wheat at the extra expense.National sues for breach of contract.It should be noted that the trains have gone on strike four times in the past 10 years,and that there was talk of a strike before this contract was created.Who will win in this lawsuit and why?
Condition Subsequent
A contract condition that, when it occurs, ends the party's obligation to perform under the contract.
Unilateral Release
A legal agreement where one party agrees to waive its rights or claims against another party without requiring any action or concession in return.
Breach
The action of violating or not adhering to a law, agreement, or set of rules.
Condition Subsequent
A condition in a contract that, upon its occurrence, terminates or modifies the rights or obligations of the parties involved.
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