Rahilly Entered into a Contract with Khan, Whereby Rahilly Agreed

question 122

Multiple Choice

Rahilly entered into a contract with Khan, whereby Rahilly agreed to paint a portrait of Khan's wife to be completed by her 30th birthday, six months from the time of this agreement. Three months before the portrait was to be completed, Rahilly told Khan that he would not be doing the portrait because he had accepted a job in Boston and was leaving immediately. Which of the following is false with regard to the rights of the parties in this situation?

• A) The contract has not been frustrated because there was no unforeseen event beyond the control of either party making it impossible or meaningless to perform the contract.
• B) The contract has been repudiated, and Khan can elect to acknowledge the breach and sue Rahilly right away.
• C) Khan must wait to see if Rahilly really fails to perform the contract before Khan can sue.
• D) If Khan presses Rahilly to perform according to the contract, it is possible that the contract could be ended by frustration.
• E) If Khan presses Rahilly to perform according to the contract, it is possible that the contract could be ended by performance.

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Definitions:

Bandage Material

Fabric or other material used to support or bind a wound or to protect an injured part of the body.

Gauze

A thin, translucent fabric with a loose open weave used in medical dressing, for wound care, and in surgical procedures.

Sterile Field

A specific area created to prevent infection during surgical procedures, keeping it free from all microorganisms.

Sterile Gauze Pads

Medical supplies that have been sterilized to eliminate germs, used to dress wounds or absorb fluids.