Question

Belinda orders a certain type of hybrid rose for her wedding. A disease sweeps through that type of rose and the florist could only obtain the roses at great cost, if at all. Which of the following is the appropriate term for the florist's best defense?
A. Commercial un-reasonableness.
B. Commercial impracticability.
C. Substantial hardship.
D. Unforeseen circumstances.
E. Un-reasonable bride.

Answer 1

Answer:

B. Commercial impracticability

Explanation:

Commercial impracticabilty occurs when the actions under a contract is impractical and cannot be accomplished or achieved. It is triggered when actions or performance of a contract by a party has become impracticable and hence unfeasible or maybe just too difficult or costly to accomplish. The best defense for the florist in this case is commercial impracticabilty as the disease sweeping through the type of rose Belinda ordered has made it difficult and costly to accomplish or achieve.

Answer 2

Answer: the correct option is B. Commercial Impracticability.

Explanation: Commercial impracticability is the phenomenon in which an event occurs and causes the performance of a contractual duty to be excessively burdensome, unbearably difficult, or extremely expensive, for the party committed to such performance.

The reason for commercial impracticability is due to unforeseen events which did not occur due to a fault or carelessness of either party, and therefore cannot be controlled. After the event has taken place, and it affects the ability of either party to meet the contract, and the parties cannot agree as to the proposed changes in the contract, then the court will be involved in order to determine the commercial practicability of such performance and obligations of the parties involved.

In the scenario given above, we can see that the florist is not to be blamed for the diseases affecting the roses, and therefore, commercial impracticability will be the best line of defense in this case.