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MMLU / On October 15, an aspiring young actress entered into a written contract with a…

Problem

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question

On October 15, an aspiring young actress entered into a written contract with a nationally famous photographer. Their contractual agreement provided that the photographer was to supply the actress with twelve glossy prints "designed to capture and convey the actress as a gifted dramatic actress with varied talents. " Their contract further stipulated "said twelve prints to be delivered on or before November 15; with payment of $1,500 thirty days thereafter. " Another contractual provision recited that the photographer "guarantees that the prints will be fully satisfactory and delivered on time. "The following day, the photographer accidentally fell down a flight of stairs, and sustained a broken leg. As a result of his injury, the photographer was unable to photograph the actress until October 31. At that time he informed the actress that because of the delay, "I am going to need a few more days beyond November 15 to make delivery. " The actress responded, "Please hurry with the pictures, because I need to submit my promotional portfolio for the leading role in an upcoming movie. "The photographer diligently worked to speed production and delivered the prints to the actress's manager on November 18. After the manager looked over the photographs, she told the photographer, "I'm sure these will be acceptable to my client. " However, the following day the photographer received a telephone call from the actress, who said, "These prints are just awful. They make me look horrible. I'm sending them back to you and not paying anything. Besides, these prints were two days late. "If the actress initiates an action against the photographer for breach of contract, which of the following would be the photographer's best defense?

choices

  1. The photographs, if subjectively viewed, were not satisfactory.
  2. The photographs, if objectively viewed, were not satisfactory.
  3. The photographs were not delivered on time, thereby resulting in a failure of condition precedent to the actress's liability.
  4. The photographer's injury constituted a temporary impracticability of performance, which excused his duty to perform for a reasonableperiod of time.

subject

professional_law

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Source and history

task_id
6fb6171e-7acb-5301-86fa-6a50f670a61c
task_key
all--test--6fb6171e-7acb-5301-86fa-6a50f670a61c
task_revision_id
1
config / split
all / test

Official source

initial import