Question

Farmer Brenda signed a contract last spring to sell pumpkins to Wicked Wanda's Halloween Terror House. She promised to have the pumpkins delivered by October 15th to give Wanda time to set up her terror house.

1. On August 1st, Wanda drove by Brenda's farm and noticed there were no pumpkins growing. Wanda is worried that she won't get her pumpkins as promised. She sends Brenda a letter asking for clarification on whether Brenda still plans to deliver the pumpkins as promised. Brenda responds that she does, in fact, plan to perform the contract. Which of the following could Brenda do without breaching the contract?

a. Consider the contract breached on August 1st since there are no pumpkins growing in Brenda's fields

b. Wait to see if Brenda actually does deliver the pumpkins on time

c. Claim it's impossible not for Brenda to grow the pumpkins in time, and, therefore, the contract is breached by true impossibility

d. Argue it's commercially impracticable for her to hold her terror house without pumpkins

Answer 1

Brenda can wait and see if she delivers the pumpkins on time.

Step-by-step explanation:

To determine what Brenda could do without breaching the contract, we need to analyze the options. Option a. is incorrect because Brenda cannot consider the contract breached just because there are no pumpkins growing on August 1st. Option b. is a valid choice as Brenda can wait to see if she actually delivers the pumpkins on time. Option c. is incorrect because Brenda cannot claim true impossibility, as growing pumpkins is not impossible. Option d. is incorrect because the contract does not state that pumpkins are necessary for Wanda to hold her terror house.

Therefore, the correct answer is

option b

, which allows Brenda to wait and see if she delivers the pumpkins on time.