Question
8. Under a contract dated November 24, 2020, D obliged herself to give that horse named RED to C on November 30, 2020. On November
8. Under a contract dated November 24, 2020, D obliged herself to give that horse named "RED" to C on November 30, 2020. On November 28, 2020, C demanded the delivery of the horse but D did not comply. The following day, the horse was struck by lightning and died instantly.*
(A) The obligation of D is extinguished because the loss is due to fortuitous event and D was not in default.
(B) The obligation of D is not extinguished because D can deliver another horse.
(C) The obligation of D is not extinguished because D was in default.
(D) The obligation of D is not extinguished because the demand was not made on due date.
(E) The obligation of D is extinguished because the horse was in default.
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