Clyde contracts with Deephole Excavation,Inc.,to dig an agricultural pond on his farm.Deephole is to keep the excavated gravel in payment.Clyde's neighbor Earl challenges the dig as an illegal gravel pit.A court orders the digging to stop.Clyde's contract with Deephole is
A)breached.
B)discharged.
C)not affected.
D)suspended.

Question

Quizplus · Accepted Answer

The court order to stop the digging has discharged the contract between Clyde and Deephole due to impracticability. Impracticability occurs when a supervening event makes performance impossible or impractical. Here, the court order has made it impossible for Deephole to perform the contract, thus it is discharged.

Clyde Contracts with Deephole Excavation,Inc