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All Points Capital Corp. v. Boyd Brothers, Inc.

United States District Court for the Northern District of Florida

2011 WL 2790170 (2011)

Relevant factsFree

Boyd (defendant), a printing business serving Gulf Coast customers, defaulted on promissory notes with All Points (plaintiff) and raised commercial impracticability as a defense, blaming the BP oil spill for making its business less viable; All Points moved for summary judgment.

IssueFree

Whether a party's contractual performance obligation is discharged when performance becomes impracticable, without the party's fault, due to an event changing a basic assumption underlying the contract.

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