question archive John's company signs a contract with the city of Monrovia, a town located in the U

John's company signs a contract with the city of Monrovia, a town located in the U

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John's company signs a contract with the city of Monrovia, a town

located in the U.S., to remove all of the gravel in a specific area. The city has performed their due diligence and has determined that the gravel should be removed and foresees no issues in doing so. After surveying the area himself and after accepting the contract, Hurricane Matthew comes into town and quickly leaves a large portion of the gravel underwater and removing it will cost the company 20 times more than was originally agreed to. The contract between John and the City has a provision stating that come Hell or Highwater, the contract is to be performed. Will there be any issues for John? For the City? Who should prevail if there is an issue of Non-performance? Refer to the theories in the chapter regarding Performance, Breach and Discharge.

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