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. Because Kirk is bound in contract, Yemmi can require Kirk to purchase a new truck to perform the agreement.

Question

Quizplus · Accepted Answer

Under the doctrine of impossibility, Kirk's obligation to perform under the contract is discharged due to the unforeseen destruction of his essential means of performance (his truck), making it impossible for him to fulfill the contract as agreed.

Kirk Entered into a Contract with Yemmi to Haul Gravel