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Pate, a contractor, agreed with the city of Kiteville to construct a golf course for the amount of $230,329.88. After Pate had completed all the

Pate, a contractor, agreed with the city of Kiteville to construct a golf course for the amount of $230,329.88. After Pate had completed all the clearing and dirt work, a torrential rainfall of 12.4 inches occurred in a ten-hour period. It will cost $60,000 to restore the golf course

to its condition prior to the rain. Is Pate relieved from the contract by the doctrine of commercial frustration? Explain why or why not.

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