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[Hawaiian Adventure] Hannah Decides to Go on a Fun Trip

Question 86

Multiple Choice

[Hawaiian Adventure] Hannah decides to go on a fun trip to Hawaii. While she is gone, she needs someone to take care of her two dogs, Champ and Sage. She hires Amir three months in advance, and they reach a contractual arrangement whereby he will be paid $200 for taking care of the dogs for two weeks. Amir comes over two months before Hannah is set to leave, takes one look at Champ and Sage, and declares that they are too difficult to handle so he will not care for them. Hannah then hires Alisha who agrees to care for Champ and Sage. Two weeks before Hannah is set to leave, however, Alisha calls and tells her that she just broke both her legs in an automobile accident and has been put on bed rest for two months. Finally, Hannah hires Kelsey to care for the dogs and heads off to Hawaii where she has a great time. Unfortunately, when Hannah returns home, she finds that Kelsey has disappeared with Champ and Sage. Later, they are found in good health at an exclusive resort visited by Kelsey. Kelsey refuses to return Champ and Sage to Hannah, claiming that they were all enjoying the resort and that she has become quite attached to them.
-What was the effect of Alisha's refusal to keep Champ and Sage?


A) She is discharged from performance because of frustration of purpose.
B) She is discharged from performance because of impossibility of performance.
C) She committed a material breach.
D) She failed to substantially perform but only committed an immaterial breach.
E) She is guilty of only a nominal breach because she had a good excuse for breaching.

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