Russell and Joe make a contract for Russell to manufacture five leather chairs of a specified design.Prior to their manufacture, the factory is destroyed in an accidental fire that is no one's fault.If the chairs are available from other sources:
A) Russell must supply the chairs, even if he must buy them elsewhere.
B) Russell's duty to deliver the chairs is discharged by the destruction of the factory.
C) Russell has materially breached the contract if he fails to deliver the chairs.
D) (a) and (c) are correct.

Question

Quizplus · Accepted Answer

Russell's duty to deliver the chairs is discharged by the destruction of the factory, as this constitutes an unforeseen event that makes performance impossible. This principle is recognized in contract law as a form of force majeure, where obligations are excused due to unforeseeable circumstances beyond a party's control.

Russell and Joe Make a Contract for Russell to Manufacture