Student question
Mason has a contract to sell 500 bushels of wheat to a bakery. The wheat is stored in a grain elevator
and has become infested with insects. Mason is:
Select the correct option:
a. discharged from performance because of impossibility if he doesn't have other wheat to substitue
.
b. discharged if he can prove that he did not cause the damages to his wheat.
c. not discharged, but must substitute wheat or pay damages to the bakery for breach of contract.
d. discharged because of frustration.
The problem involves a contractual obligation for Mason to sell 500 bushels of wheat to a bakery.
However, the wheat has become infested with insects, making it unfit for sale. The question is
whether Mason is discharged from performance of the contract due to this impossibility.
The correct option in this situation is:
c. Not discharged, but must substitute wheat or pay damages to the bakery for breach of contract.
Mason is not automatically discharged from the performance of the contract due to the infestation.
However, he is required to either substitute the infested wheat with fresh wheat or pay damages to
the bakery for breaching the contract.
It's important to note that the infestation does not automatically discharge Mason from his
contractual obligations, but rather requires him to take necessary actions to fulfill the terms of the
contract or compensate the bakery for any damages incurred due to the breach.
