Fact Pattern 17-A2
Eve, who owns and operates Eve's Garden, agrees to sell Fresh Produce Company ten bush?els of apples.
-Refer to Fact Pattern 17-A2. Through no fault of Eve's Garden, a fire de?stroys the apples before they are delivered. This circumstance
A) breaches the contract.
B) discharges the contract.
C) has no effect on the contract.
D) suspends the contract.

Question

Fact Pattern 17-A2 
Eve, who owns and operates Eve's Garden, agrees to sell Fresh Produce Company ten bush?els of apples.
-Refer to Fact Pattern 17-A2. Through no fault of Eve's Garden, a fire de?stroys the apples before they are delivered. This circumstance
A) breaches the contract.
B) discharges the contract.
C) has no effect on the contract.
D) suspends the contract.

Quizplus · Accepted Answer

The destruction of the subject matter of the contract (the apples) before delivery is an example of an impossibility of performance. This discharges the contract, as neither party can perform their obligations due to unforeseeable circumstances beyond their control.