Question
Mill contracted to pay Lumberjack $8 per cord to cut and deliver a certain quantity of pulpwood from a particular tract of land. Before the
Mill contracted to pay Lumberjack $8 per cord to cut and deliver a certain quantity of pulpwood from a particular tract of land. Before the first delivery was due, a fire destroyed enough of the trees that only half of the quantity could be cut and delivered, unless Lumberjack used trees from a mountain that would cost Lumberjack $20 per cord to cut and deliver. Lumberjack refuses to perform, and Mill sues for breach.Lumberjack will be:
Question 10 options:
a)
successful in arguing for complete discharge based on impossibility.
b)
successful in arguing for complete discharge based on impracticability.
c)
unsuccessful in completely avoiding liability due to partial impracticability.
d)
successful in arguing for complete discharge based on frustration of purpose.
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