Dagney was an author of a popular series of children's books. She signed an agreement with her publisher, in which she agreed to have a new book in the series written by October 15th. As noted in the contract, the timing was critical to ensuring the books would be on the shelves before Christmas and in order to coincide with a massive promotion the publisher had been planning. Dagney had a terrible case of writer's block. By October 3rd, she realized that there was no way that she would have the book finished by the deadline. She emailed her publisher, admitting that she would not have the book finished in time. What are the publisher's options?
A) The publisher cannot take any steps until October 15th, assuming Dagney does not deliver.
B) The publisher has no recourse because Dagney's case of writer's block has made performance impossible.
C) The publisher has the right to demand performance or sue.
D) The contract is voidable at the option of the publisher.
E) The date set out in the contract is not an enforceable term; if Dagney gets the manuscript to the publisher in a reasonable time, she will not be in breach.

Question

Quizplus · Accepted Answer

The publisher has the right to demand performance or sue because Dagney's failure to meet the deadline constitutes a breach of contract, especially since the timing was critical as noted in the contract.

Dagney Was an Author of a Popular Series of Children's