Mark and Roger Entered into a Contract in Which Mark

question 45

Multiple Choice

Mark and Roger entered into a contract in which Mark agreed to sell Roger a very rare painting. The contract required Mark to deliver the painting to Roger and receive payment if the appointed art expert verifies that the painting is authentic. The art expert considers the painting to be a fake. Which of the following should be cited by Roger to discharge the contract and refuse payment?

• A) commercial impracticability
• B) impossibility of performance
• C) condition precedent
• D) condition subsequent

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