Tony enters into a contract with Joseph to supply his entire output of guavas from each season at the then current market price.Joseph plans to use the guavas to make jams.However,the contract did not contain any clause as to when it can be terminated.Tony gave a one-year notice period to Joseph prior to termination of the contract.Joseph intentionally did not make any arrangements for himself to acquire guavas from elsewhere.When Tony expressed his inability to supply Joseph the guavas after one year,Joseph sued Tony for breach of contract.Is Joseph's approach justified?

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Jason Lopez · Accepted Answer

Final Answer : No,Joseph's approach is not justified.This is because under the scope and ambit of Article 2-309,if no time for performance is stated in the sales contract,a reasonable time for performance is implied.Here,Tony expressed his inability to Joseph a year ago.And that time was reasonable for Joseph to make arrangements.Hence,the contract shall cease to exist.

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