Which of the Following Would Most Likely Result in the Court

question 66

Multiple Choice

Which of the following would most likely result in the court finding the contract had been discharged by frustration?

• A) Cooper contracts to deliver ten bushels of ripe tomatoes to Haig's restaurant, but Cooper's tomato crop is destroyed by hail a few days before the delivery date.
• B) McGee contracts to give a lecture at a convention on modern marketing, but the convention is cancelled because of an epidemic.
• C) Moore, a sculptor, was delivering a $15,000 work when he lost control of the car and the work was crushed. He had been drinking heavily and had not bothered to wrap or box the work.
• D) Binks agreed to purchase a business from Kealy, but Binks suffered such great losses in the recent stock market crash that he couldn't afford to go through with it.
• E) McDonald agreed to buy Thornburn's horse, but unknown to both of them, at the time the contract was made the horse was dead.

---

Definitions:

Valence

The degree of attractiveness or aversiveness of a particular event, object, or situation, often influencing an individual's motivation levels.

Instrumentality

The belief that a certain performance level is connected to achieving a desired outcome.

Expectancy Theory of Motivation

A psychological theory suggesting that people are motivated to engage in behaviors based on the expected outcomes and the value of those outcomes to them.

Administering an Unpleasant Outcome

The process of executing or delivering a negative or unfavorable result or decision.