Which of the following would most likely result in the court finding that the contract had been discharged by frustration?
A)McDonald agreed to buy Thornburn's horse,but unknown to both of them,at the time of the contract the horse was dead.
B)McGee contracts to give a lecture at a convention on modern marketing,but the convention was cancelled because of an epidemic.
C)Binks agreed to purchase the business from Kealy,but Binks suffered such great losses in the recent stock market crash that he couldn't afford to go through with it.
D)Moore,a sculptor,was delivering a $15 000 work when he lost control of the car and the work was crushed.He had been drinking heavily and had not bothered to wrap or box the work.
E)Cooper contracts to deliver 10 bushels of ripe tomatoes to Haig's restaurant,and Cooper's tomato crop is destroyed by hail a few days before the delivery date.

Question

Quizplus · Accepted Answer

Frustration occurs when an unforeseen event occurs after the formation of a contract, which renders performance of the contract impossible, illegal or radically different from what was originally contemplated by the parties. In this case, the epidemic that caused the cancellation of the convention was an unforeseen event that made it impossible for McGee to give the lecture, resulting in frustration of the contract.

Which of the Following Would Most Likely Result in the Court