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In a jurisdiction other than British Columbia and Yukon, a buyer sued a seller for breach of contract because the seller did NOT deliver a
In a jurisdiction other than British Columbia and Yukon, a buyer sued a seller for breach of contract because the seller did NOT deliver a computer system on time in accordance with their contract. The seller argued that they were NOT in breach and that the contract had been frustrated the computer had been destroyed by water when a careless driver knocked over a fire hydrant outside the warehouse holding the computer. NO deposit had been paid. The court held that the contract was frustrated.Which one of the following represents how the court will handle the situation?AThe buyer will succeed against the seller for damages because the court will treat it as if it were an anticipatory breach.BThe court will let the losses lie where they fell, despite any of the seller's costs in preparing the computer system.CThe buyer will not have to pay anything to the seller unless the seller had requested a deposit at the time of contract.DThe court will look at the costs incurred and any payments made, and will apportion the losses between the buyer and seller.
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