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.The chairs are available from other sources.In this case:
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)Two of the above, (a) and (c).

Question

Quizplus · Accepted Answer

Russell's duty to deliver the chairs is discharged by the destruction of the factory. This is because the event of the factory's destruction is beyond the control of both parties (force majeure). As the chairs are available from other sources, Russell cannot be held liable for breach of contract.

Russell and Joe Make a Contract for Russell to Manufacture