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question
A woman had spent many years converting her back yard to an authentic Japanese-style garden. Her garden had become a showplace for the neighborhood, and various civic groups and organizations frequently visited the woman's property to enjoy the beauty of the yard. Recently, the woman had read about a particular cymbidium that was native to Japan. Desiring to have one of these cymbidiums planted in her garden, she contacted a number of plant distributors, only to discover that this particular cymbidium had not yet been imported to the United States. She contacted a plant distributor, who she knew had ties to Japan, and asked if it would be possible to acquire one of these cymbidiums from Japan. After checking with local and Japanese authorities, the distributor determined that he could indeed acquire the plant for the woman. The parties then signed a contract that stated the distributor would acquire the cymbidium from a nursery in Japan, have it shipped to the United States and have it planted in the woman's garden for the price of 1,000 at the time of the execution of the contract and1,000 to the distributor. Two weeks later, agricultural officials discovered that a special type of beetle that attacked citrus plants had adapted to using cymbidiums for nesting purposes. The female beetle would lay eggs among the roots of the cymbidiums, and it would sometimes take up to one year for the eggs to hatch. Fearing for the safety of the citrus crops in the United States, the United States government adopted a ban on the importation of all cymbidiums grown in foreign countries. As a result, the distributor was not able to acquire the cymbidium for the woman. Which of the following best states the legal relationship at this point between the distributor the woman?
Plain-text mathematical notation (without MathML)
A woman had spent many years converting her back yard to an authentic Japanese-style garden. Her garden had become a showplace for the neighborhood, and various civic groups and organizations frequently visited the woman's property to enjoy the beauty of the yard. Recently, the woman had read about a particular cymbidium that was native to Japan. Desiring to have one of these cymbidiums planted in her garden, she contacted a number of plant distributors, only to discover that this particular cymbidium had not yet been imported to the United States. She contacted a plant distributor, who she knew had ties to Japan, and asked if it would be possible to acquire one of these cymbidiums from Japan. After checking with local and Japanese authorities, the distributor determined that he could indeed acquire the plant for the woman. The parties then signed a contract that stated the distributor would acquire the cymbidium from a nursery in Japan, have it shipped to the United States and have it planted in the woman's garden for the price of 5,000.Thedistributorpromisedthattheplantwouldbeinplacewithinsixmonths,andthewomanpromisedtopay1,000 at the time of the execution of the contract and4,000whenthecymbidiumwasplantedinhergarden.Thewomanthenhandedacheckfor1,000 to the distributor. Two weeks later, agricultural officials discovered that a special type of beetle that attacked citrus plants had adapted to using cymbidiums for nesting purposes. The female beetle would lay eggs among the roots of the cymbidiums, and it would sometimes take up to one year for the eggs to hatch. Fearing for the safety of the citrus crops in the United States, the United States government adopted a ban on the importation of all cymbidiums grown in foreign countries. As a result, the distributor was not able to acquire the cymbidium for the woman. Which of the following best states the legal relationship at this point between the distributor the woman?
Original LaTeX notation
A woman had spent many years converting her back yard to an authentic Japanese-style garden. Her garden had become a showplace for the neighborhood, and various civic groups and organizations frequently visited the woman's property to enjoy the beauty of the yard. Recently, the woman had read about a particular cymbidium that was native to Japan. Desiring to have one of these cymbidiums planted in her garden, she contacted a number of plant distributors, only to discover that this particular cymbidium had not yet been imported to the United States. She contacted a plant distributor, who she knew had ties to Japan, and asked if it would be possible to acquire one of these cymbidiums from Japan. After checking with local and Japanese authorities, the distributor determined that he could indeed acquire the plant for the woman. The parties then signed a contract that stated the distributor would acquire the cymbidium from a nursery in Japan, have it shipped to the United States and have it planted in the woman's garden for the price of $5,000. The distributor promised that the plant would be in place within six months, and the woman promised to pay $1,000 at the time of the execution of the contract and$4,000 when the cymbidium was planted in her garden. The woman then handed a check for $1,000 to the distributor. Two weeks later, agricultural officials discovered that a special type of beetle that attacked citrus plants had adapted to using cymbidiums for nesting purposes. The female beetle would lay eggs among the roots of the cymbidiums, and it would sometimes take up to one year for the eggs to hatch. Fearing for the safety of the citrus crops in the United States, the United States government adopted a ban on the importation of all cymbidiums grown in foreign countries. As a result, the distributor was not able to acquire the cymbidium for the woman. Which of the following best states the legal relationship at this point between the distributor the woman?
category
law
options
- The distributor's performance was not excused because of impossibility, and the woman can recover damages.
- The distributor's performance was not excused because of the supervening illegality, and the woman can recover damages, provided she waits until the date performance was due before filing suit.
- Both parties are excused from performance because of the supervening illegality, and neither can recover from the other.
- The distributor's performance was excused because of impossibility, and the woman cannot seek restitution.
- The distributor's performance was excused because of the supervening illegality, but the woman can seek restitution.
- The distributor's performance was excused because of impossibility, but the woman can seek restitution.
- Both parties are excused from performance because of the impossibility, and neither can recover from the other.
- Both parties are not excused from performance because of the supervening illegality, and either can recover from the other.
- The distributor's performance was not excused because of the supervening illegality, and the woman can recover damages because of the distributor's prospective inability to perform.
src
ori_mmlu-professional_law
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