Kirk entered into a contract with Yemmi to haul gravel in his large tandem truck from Yemmi's gravel pit to a building site some five kilometres distant, at $60 per load. Before Kirk was to begin performance, his truck was destroyed in a serious traffic accident. Kirk need not perform the contract, as the contract was frustrated by the destruction of the truck.

Question

Quizplus · Accepted Answer

The destruction of Kirk's truck, which was essential for performing the contract, constitutes a frustration of the contract because it makes performance impossible through no fault of either party.

Kirk Entered into a Contract with Yemmi to Haul Gravel