Alice has a contract with a surgeon to have a medical procedure performed on July 17.The surgeon notifies Alice on July 5 that he is in the Bahamas and will be there until the end of August and will not be able to do the surgery.Which of the following is true at this point?
A) There will be no breach until July 17.
B) Alice must wait until July 17, and if the surgeon does not perform the procedure, Alice can contract with another surgeon.
C) If Alice contracts with another surgeon prior to July 17, and this second surgeon is aware of Alice's original contract, the second surgeon has no obligation to perform.
D) Alice is free to contract with another surgeon.
E) Alice must give the surgeon 90 days within which to schedule the surgery after July 17.

Question

Quizplus · Accepted Answer

The surgeon has effectively communicated that he will not be able to perform the surgery. This constitutes a breach of contract prior to the agreed date of July 17. Therefore, Alice is free to contract with another surgeon without any obligation to the original surgeon.

Alice Has a Contract with a Surgeon to Have a Medical