Jekyll agrees to sell Hyde a certain super-strength hair remover capsule.While it is still in Jekyll's laboratory,the only capsule is swallowed by a night-time guard dog.What will happen in this case?
A)The contract is discharged because of a waiver by both parties.
B)The contract is discharged because a provision of the Sale of Goods Act applies.
C)The contract is discharged by the Frustrated Contracts Act.
D)The contract is void because of mistake in assumption.
E)Jekyll is relieved of his liability on grounds of hardship in performance.

Question

Quizplus · Accepted Answer

The Sale of Goods Act provides that if the subject matter of the contract is destroyed before the contract is concluded, then the contract is discharged. In this case, the only capsule was destroyed before the contract could be concluded between Jekyll and Hyde, so the contract is discharged.

Jekyll Agrees to Sell Hyde a Certain Super-Strength Hair Remover