In Parker v.Arthur Murray,Inc.,Parker sued for a return of prepaid contractual funds based on impossibility of performance after a severe injury.How did the courts rule?
A) Since the words NONCANCELABLE CONTRACT were prominently displayed on the contract, Parker was not entitled to rescind the contract.
B) Since the words NONCANCELABLE CONTRACT were hidden and obscurely placed within the contract, Parker was entitled to rescind the contract.
C) the injuries were considered a force majeure and the contract was discharged.
D) Parker's injury created a situation of commercial impracticability, discharging the contract as a result.
E) the NONCANCELABLE CONTRACT terms did not create a waiver of Parker's rights of discharge for impossibility of performance.

Question

Quizplus · Accepted Answer

The courts ruled that the NONCANCELABLE CONTRACT terms did not waive Parker's right to discharge the contract due to impossibility of performance resulting from a severe injury. Therefore, Parker was entitled to a return of the prepaid contractual funds.

In Parker V