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Kirk Entered into a Contract with Yemmi to Haul Gravel

question 9

True/False

Kirk entered into a contract with Yemmi to haul gravel in his large tandem truck from Yemmi's gravel pit to a building site some five kilometres distant, at $60 per load. Before Kirk was to begin performance, his truck was destroyed in a serious traffic accident. If Kirk owned a fleet of trucks, and Kirk had a number of spare trucks, the doctrine of frustration would not apply to the case, and Kirk would be obliged to perform the contract.

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Definitions:

Retailing

The selling of goods and services to consumers for personal or household use.

Convenience

The ease and efficiency with which a product or service can be acquired or used by the consumer.

Wells Fargo

A multinational financial services company headquartered in the United States, offering banking, investment, and mortgage products and services, among others.

Retail Customers

Individuals or entities that purchase goods or services for personal use from any retail environment, not for resale or business use.

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