What is the answer to this contract dispute?

Question

My boss entered a contract to deliver 5000 printers to the office max warehouse on January 10th. On December 15th, my boss called office max to inform them that the union at his factory just went on strike and that his company would not be able to deliver the printers on time. Office max needed the printers so they ordered from another supplier. On January 3rd, my boss called and said that the strike was settled and that he would be able to deliver the printers after all. Office max said "After you called last month, we decided that you breached the contract, so we ordered from someone else. We wont accept the printers from your company." My boss called his attorney and asked, "How could we breach the contract in December if we didn't have to perform until January?" What is the answer to that question?

Answer 1

Contracts can be broken if both parties agree.

Your boss advised he could not deliver, and Office Max apparently agreed.

Office Max is under no obligation to wait until the contract expired, once your boss called.

There is no breach.

Answer 2

Your boss called and informed Office Max that he would not be able to fulfill the order. It was the proper thing to do, but he was also indicating that he could not meet the terms of the contract. The phone call advised the customer of your companies inability to complete the transaction.

Answer 3

1) "Force Majeur" unforseen circumstances in supply means that I cannot fulfill my part of the contract.

2) Perhaps your boss could have entered negotiations with labor with a more good faith attitude and avoided the strike.

3)Or been more willing to shift to more positive attitude after strike vote and delayed force majeur.

4) Perhaps the strike vote was union bad faith. By claiming force majeur, your boss may have saved Office Max as a client after losing only one sale.

5) If all he lost was money, he came out really well.

Answer 4

because your boss informed office max he would not be able to deliver as agreed. unless there was a clause in the contract
about beyond his control..... office max had every right to cancel the order.

Answer 5

You need to read UCC 2-609 and UCC 2-610, which cover anticipatory repudiation, to find your answer. Office max could be liable in this situation.

A thorough analysis of anticipatory repudiation requires more than I am willing to type. Read the above sections of the UCC, or the section of your textbook that deals with the doctrine. You should be able to figure it out.