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Shopper's Paradise contracts with Annie's Apple Orchard in Washington State for the purchase of Braeburn apples to be delivered on December 1. An early severe
- Shopper's Paradise contracts with Annie's Apple Orchard in Washington State for the purchase of Braeburn apples to be delivered on December 1. An early severe frost in November destroys the apples.Annie's can buy the apples from another orchard, but they would be expensive and Annie's would probably break even on the deal, instead of making a profit.
Which result is most likely or most justified if Annie's fails to deliver the apples and Shopper's sues for breach of contract?
a.Annie's will win using the defense of impossibility
b.Annie's will win using the defense of frustration of purpose
c.Shopper's will win because Annie's did not deliver any apples
d.Shopper's will win because Annie's knew that a frost can destroy the apples
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