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MMLU / A lumber mill contracted to deliver one thousand8-foot sheets of plywood to a…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A lumber mill contracted to deliver one thousand8-foot sheets of plywood to a home improvement store on the first of each month for 10 consecutive months starting June 1. The June, July, and August shipments were delivered on time and duly paid for. Then, on August 16, the lumber mill informed the store that the mill would not be able to meet the September 1 delivery date, because its lumber reserve had been destroyed by a forest fire. The mill then asked the store to excuse the mill from further performance. The store refused and demanded that the remaining shipments be delivered on time. When the September shipment failed to arrive, the store immediately brought suit for breach of contract. How would the court hold?

choices

  1. Judgment for the store, because the mill's duties of performance would not be excused.
  2. Judgment for the store, because the mill should have foreseen such a contingency occurring.
  3. Judgment for the mill, because their performance would be discharged by impossibility.
  4. Judgment for the mill, because their performance would be discharged by frustration of purpose.

subject

professional_law

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Source and history

task_id
deb23f09-d602-586b-a280-38e820a1fc8b
task_key
all--test--deb23f09-d602-586b-a280-38e820a1fc8b
task_revision_id
1
config / split
all / test

Official source

initial import