Russell and Joe make a contract for Russell to manufacture five leather chairs of a specified design.Prior to their manufacture,the factory is destroyed in an accidental fire that is no one's fault.If the chairs are available from other sources:
A)Russell must supply the chairs, even if he must buy them elsewhere.
B)Russell's duty to deliver the chairs is discharged by the destruction of the factory.
C)Russell has materially breached the contract if he fails to deliver the chairs.
D)Two of the above, (a) and (c).

Question

Quizplus · Accepted Answer

Russell's duty to deliver the chairs is discharged by the destruction of the factory, as it is an event beyond his control and not his fault. This is known as the doctrine of impossibility or impracticability of performance, which excuses a party's performance of a contract if it becomes objectively impossible or commercially impracticable due to an unforeseeable and unavoidable event. Therefore, Russell is not liable for breach of contract and is released from his obligation to manufacture the chairs. The fact that the chairs are available from other sources does not affect this result, as Russell is not required to buy them elsewhere or perform in a different manner than originally agreed upon.

Russell and Joe Make a Contract for Russell to Manufacture