Which of the Following Would Most Likely Result in the Court's

question 73

Multiple Choice

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

• A) Thornburn agreed to buy Patterson's tulip crop, but unknown to both of them, at the time of the contract the crop had been destroyed by the frost.
• B) Mellowcream Ltd. contracted to deliver 40 dozen donuts to Pat's Place, but called Pat and told her it couldn't deliver because another customer needed another 40 dozen for an unexpected event.
• C) Lowe contracted to purchase a business from Lerner, but the interest rates jumped so quickly that, even before closing, he realized he would lose money, so he told Lerner he couldn't go ahead with it.
• D) Lee Ltd. agrees to haul lumber for Len Lumberjack, but a few days before the delivery date the company's best truck, the one they wanted to use, broke down.
• E) N. Yung contracts to give a performance at B.C. Place stadium, but the performance was cancelled because he was poisoned by contaminated food at a local restaurant.

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Definitions:

Desirability

The quality of being wanted or wished for due to attractiveness, usefulness, or value.

Negotiators

Parties that engage in the process of discussing terms in order to resolve conflicts or finalize deals.

Ethical Judgments

are assessments made about actions or decisions based on moral principles, determining what is right or wrong.

Consequences

The results or outcomes that follow from actions, decisions, or policies, either intended or unintended.