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Jim Makes an Agreement to Play Live Music at Rusty's

Question 30

Multiple Choice

Jim makes an agreement to play live music at Rusty's Tavern every Thursday night.Last Thursday,he had the flu and hence could not go to Rusty's.What can be concluded about the agreement with respect to Jim's condition?


A) His performance can be excused due to a condition precedent.
B) His performance can be excused due to a condition subsequent.
C) His absence should be penalized because personal service contracts are never excused.
D) His absence should be penalized because there was a nonmaterial breach of contract.

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