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Seller Agreed to Sell and Buyer to Buy Gasoline at $3.95

Question 44

Multiple Choice

Seller agreed to sell and Buyer to buy gasoline at $3.95 per gallon, 1000 gallons a month, for four years. Two years in, the price of gasoline increased to $4.80 a gallon. Seller refused to perform further unless Buyer agreed to pay $4.50 per gallon.


A) Buyer must pay the higher price on the theory of "commercial impracticability."
B) Buyer must pay the higher price on the theory of "frustration of purpose"
C) If Buyer paid the higher price, Buyer could sue for a refund because Seller is not acting in good faith.
D) Buyer must pay the higher price because Seller has substantially performed.

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