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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.
Liable
Being legally responsible or obligated, often used in the context of bearing the consequences for actions or incurring debts.
Intended
Planned or meant; having intention or purpose.
Tort Action
A lawsuit or legal claim brought forth as a result of a tort, aimed at recovering damages or seeking remedy for harm caused.
Defense
Reasons that a defendant offers in an action or suit as to why the plaintiff should not obtain what he or she is seeking.
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