Business Law: Termination of a Contract - Essay Example

This could mean that the business cannot be allowed to continue if the market value of the timber equals the amount, which was originally agreed to be paid as rent – the essence being that Nine Mile Mine could no longer make profits if this business continues.

In addition, the court may not be able to grant a summary of judgment if both parties dispute against a material fact. In this case, Lewis can defend himself by providing evidence that such law does not exist, or that it affects their contract if it exists (Jorgensen 250). Both Nine Mile Mine and Lewis can defend their position; in support of the motion or opposition of the motion respectively, by use of information obtained during the initial stages of the proceedings, such as answers to interrogatories, deposition testimony, and answers to wishes for production.

In addition, the disputing parties can use affidavits from experts to oppose or support the motion. If any parties lose the judgment, then they are free to seek an appeal, though the chances of overturning summary judgments on appeal are extremely rare (Jorgensen 256).