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On the morning of June 4 , Darlene enters into a written contract with Leonard, pursuant to which Darlene agrees to purchase all of the
On the morning of June Darlene enters into a written contract with Leonard, pursuant to which Darlene agrees to purchase all of the restaurant tables and chairs he has on the premises of the caf he has just closed. Unknown to both Darlene and Leonard, Leonard's caf premises had been broken into the night before and entirely vandalized. When Leonard learns of this later that day, he calls Darlene to tell her that all of the tables and chairs have been destroyed. She wants to sue Leonard for breach of contract. Which of the following defences to the lawsuit will Leonard use?
He has no defence. He is in breach of contract because he was responsible for delivering tables and chairs to her and he cannot.
There is no consideration for the contract as he has no goods to deliver on closing.
He has breached the contract but she has no loss because she hasn't paid any money to him.
The contract was void since the goods had been destroyed before the contract was concluded and therefore was formed on a true mistaken assumption of both parties.
She cannot sue him for breach of contract because it was not his fault the contract cannot be fulfilled.
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