DC Bar Practice Questions - District Of Columbia Bar Examination Exam

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A plaintiff sues for breach of contract. The defendant asserts that performance was excused because an unforeseen event destroyed the subject matter of the contract through no fault of either party. This defense is best characterized as:

Impossibility (or impracticability) of performance Anticipatory repudiation Unilateral mistake Failure of consideration

Correct Answer:

Impossibility (or impracticability) of performance

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