Beef Burgers, Inc. contracts to buy five hundred head of cattle from Cattle Ranch. Before the seller delivers, an outbreak of disease causes a quarantine of the ranch. In this circumstance, the perfect tender rule
A) applies to both parties.
B) no longer applies.
C) applies only to Beef Burgers.
D) applies only to Cattle Ranch.

Question

Beef Burgers, Inc. contracts to buy five hundred head of cattle from Cattle Ranch. Before the seller delivers, an outbreak of disease causes a quarantine of the ranch. In this circumstance, the perfect tender rule
A) ​applies to both parties.
B) ​no longer applies.
C) ​applies only to Beef Burgers.
D) ​applies only to Cattle Ranch.

Quizplus · Accepted Answer

The perfect tender rule no longer applies as the outbreak of disease has made it impossible for Cattle Ranch to deliver the cattle. The doctrine of impracticability or frustration of purpose may apply, which could excuse the contracted performance of Cattle Ranch.