Due to the Icelandic volcano, my friend Prof. Susan Franck(W&L) finds herself living out a contracts problem. During the past semester, Susan has been in Geneva, as a Scholar in Residence at the United Nations Conference on Trade and Development. Recently, she signed a contract to buy a car for European delivery on 5/25 (to have the car then shipped to Virginia). She sent the signed contract and her down payment by airmail and receipt is required by BMW by 4/25 (arguably a material term). If delivery is delayed due to the volcanic eruption, is there a contract, is it breached, and are there any defenses? Discuss.
p.s. I just read a story online indicating that some European airports are starting to re-open. However, for purposes of this hypo, assume that delivery is delayed past the 25th.