Where a Court Has Been Asked to Determine Whether the Termination

Where a court has been asked to determine whether the termination of a contract amounts to termination by performance,which of the following will readily allow the judge to make a determination?

A) the determination of the nature of the contract
B) the oral evidence given by each of the parties
C) the reasonableness of unforeseeability of an event
D) the factual circumstances of subsequent events