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Dan and Leo agree to buy and sell “groceries and sundries” from Public Growers, Inc., in their stores. The five-year contract does not define groceries and sundries, but the parties agree the number of products purchased should be consistent every week. COVID hits and Public Growers, Inc., has a hard time meeting the demand of its sellers. Brian, the produce manager for Public Growers, assures Dan and Leo they will always have enough fruit and vegetables for their stores. Dan and Leo filed a suit for breach of contract.

 

Research three potential contract defenses for Public Growers, Inc., and explain how they could be utilized to avoid liability.

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