PERFORMANCE & BREACH Flashcards
1
Q
A, a farmer, contracts with B in the spring to sell a large quantity of beans to B during the following season. Although the contract does not state where the beans are to be grown, A owns but one tract of land, on which he has in the past raised beans, and both parties understand that the beans will be raised on this tract.
A properly plants and cultivates beans on the tract in sufficient quantity to perform the contract, but an extraordinary flood destroys the crop. A delivers no beans to B. Is A’s duty to deliver beans discharged? Is A liable to B for breach of contract?
A
Yes and no. A’s duty to deliver beans is discharged, and A is not liable to B for breach of contract.
