In all but one of the following situations, the contract is frustrated. Identify the exception.
A) Jack contracts with Bill to build a barn on his one-acre lot, but before the permit is obtained, a new law prohibits barns on lots smaller than three acres.
B) Rudolph is due to appear in a local variety theatre that has just been destroyed in a fire of unknown origin.
C) Frank has contracted to ride Emperor, a prize horse, in the Canada Day races on July 1, but on June 28 the horse breaks a leg and has to be destroyed.
D) Jerry, a doctor, is due to perform a heart transplant operation on Mary, and the night before the surgery his arthritis becomes so painful that he cannot hold a scalpel.
E) Gregory, a trucker with whom you contracted last month to haul potatoes tomorrow, phones to tell you that his truck has broken down.

Question

Quizplus · Accepted Answer

In situations A, B, C, and D, the contracts are frustrated due to unforeseen events that make the fulfillment of the contract impossible or illegal. However, in situation E, the breakdown of Gregory's truck does not constitute frustration of contract as it is a foreseeable event that could be remedied by alternative means, such as repairing the truck or finding another vehicle.

In All but One of the Following Situations, the Contract