Exercise 4
This exercise is about breach of contract.
Brunhilda and Frank had a valid contract under which Frank would buy all of the fruit from Brunhilda’s orchard. A fire swept through Brunhilda’s orchard just before the harvest, destroying all of the fruit trees. Brunhilda tells Frank that she will not be able to supply him with the fruit. Frank sues Brunhilda for breach of contract.
How should the judge rule?
- A. For Brunhilda, because it has become impossible for her to perform the contract.
- A is correct. Unless the contract specifically states otherwise, when unforeseeable events cause contract performance to become impossible, the parties may be excused from performance of the contract. If the contract has a provision that addresses impossibility to perform, the court should apply that provision.
- B. For Frank, because Brunhilda did not supply him with fruit as they had agreed.
- Sorry, but that's not the correct answer. Please select another.