On October 15, 1990 Turquoise Starr, an aspiring young Hollywood actress, entered into a written contract with Cameron Diaz, a nationally famous photographer. Their contractual agreement provided that 'herein it shall be agreed that Diaz will supply Starr with twelve glossy prints designed to capture and convey Starr as a gifted dramatic actress with varied talents." Their contract further stipulated that "said twelve prints to be delivered to Starr on or before November 15, 1990; and Starr to pay $750 thirty days thereafter." Another contractual provision recited that "Diaz guarantees that the prints will be fully satisfactory and delivered on time," The following day Diaz accidentally fell down a flight of stairs, and sustained a broken leg. As a result of her injury, Diaz was unable to photograph Starr until October 31st. At that time she informed Starr that because of the delay "I am going to need a few more days beyond November 15th to make delivery." Starr's only response being" Please, hurry with the pictures because I need to submit my promotional portfolio for the leading role in the upcoming movie, 'The Linda Lovelace Story'." As a consequence, Diaz diligently worked to speed production and delivered the prints to Starr's manager, Sapphire Scarlet, on November 18, 1990. After Sapphire looked over the photographs, she told Diaz"...I'm sure that Ms. Starr will find these shots to her liking." However, the following day Diaz received a telephone call from Starr who said, "These prints are just awful. They make me look fat. I'm sending them back to you and not paying anything. Besides, these prints were two days late." If Starr initiates an action against Diaz for breach of contract, which of the following would be Diaz's best defense?

Question 14Select one:

A.The photographs, if subjectively viewed, were not satisfactory.

B.The photographs, if objectively viewed, were not satisfactory.

C.The photographs were not delivered on time, thereby resulting in a failure of condition precedent to Starr's liability.

D.Diaz's injury constituted a temporary impracticability of performance, which excused her duty to perform for a reasonable period of time.