QUESTION IMAGE
Question
which of the following is a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?
multiple choice
- frustration of purpose
- commercial impracticability
- subjective impossibility
- anticipatory repudiation
- substantial performance
Brief Explanations
To solve this, we analyze each option:
- Frustration of purpose: Occurs when the purpose of the contract is frustrated (e.g., a parade is canceled, making a hotel room for parade - viewing useless), not about expense/injury of performance.
- Commercial impracticability: Applies when performance is still possible but would be extremely injurious or expensive for one party (matches the question's description).
- Subjective impossibility: Is about a party's personal inability to perform, not about objective possibility with extreme expense/injury.
- Anticipatory repudiation: Is when a party indicates they won't perform before the performance is due, not related to expense/injury of performance.
- Substantial performance: Is about performing most of the contract obligations, not about discharge due to extreme expense/injury.
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B. Commercial impracticability