Question

Great Tires Inc. orders 50 tons of rubber from Bill, a distributor. Bill almost always chooses Ritchies Rubber Farm over various other rubber plantations as he gets discounted rates. The delivery of the rubber to Great Tires is due on September 1. On August 1, a fire destroys Ritchies Rubber Farm. Which of the following statements is true in this situation?

A. Bills performance will be excused due to impossibility of performance.

B. Bills performance will be excused due to material breach.

C. Bills performance will not be excused if obtaining rubber from another plantation is reasonable and possible.

D. Bills performance will not be excused unless he can get the same quantity of rubber at a lesser price from a different source.

E. Bills performance will be excused even if Great Tires proves that rubber from other plantations is reasonably available.

Answer

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