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:

Partial Payment

A payment made that is less than the total amount due for a bill or debt.

Pet Food

Specially formulated food intended for consumption by pets, such as dogs and cats, designed to meet their nutritional needs.

Cash Discount

A deduction from the invoice price that a seller allows a buyer to encourage prompt payment.

Partial Payment

A payment that is made towards a bill or a debt that is not the full amount owed at that time.