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Gill, a blueberry farmer, agreed to provide Blanchets Restaurant with 100 kilos of fresh blueberries every two weeks throughout the months of July, August, and

Gill, a blueberry farmer, agreed to provide Blanchets Restaurant with 100 kilos of fresh blueberries every two weeks throughout the months of July, August, and September.

Things went as planned for July.

However, as of August 1st, Gill was unable to meet the requirements of the contract because overnight his blueberry crop suddenly succumbed to a major fungus that attacked the berries. His neighbour, Bluette, was lucky. The fungus did not affect his blueberry crop. Bluette immediately raised the price of his blueberries because he knew that Gills crop had failed. Supply and demand! Rather than purchase Bluettes berries and take a loss, Gill simply did not supply Blanchets Restaurant for the first two weeks of August.

On August 15th, the Agricultural Farming Department ordered that all sales of blueberries be stopped immediately as of that very day (August 15th) and that all blueberry crops be harvested and disposed of at a government-supervised waste facility as a precaution against the fungus creating a wide-spread, permanent blueberry crop loss.

After that, no more fresh blueberries were available at all.

Blanchet Restaurant sued Gill for breach of contract with respect to his failure to deliver any blueberries in August and September.

Which one of the following statements accurately sets out the legal situation here?

Question options:

A)

The contract was frustrated for all of August and September by Gill's crop failure and thus he is not liable at all.

B)

By not suing Gill as soon as he failed to deliver in the first two weeks of August, Blanchet Restaurant lost the right to complain, and then the subsequent governmental closure on August 15th excused Gil's failure to deliver any blueberries from August 15th to the end of September.

C)

Gill is liable for breach of contract with respect to the first two weeks of August, but the last two weeks in August and all of September's blueberry failure was caused by frustration for which Gil was not responsible.

D)

The doctrine of frustration does not apply here because Gill could supply a different kind of berry such as strawberries.

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