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Buyers and Sellers Entered into a Contract for the Sale

Question 81

Multiple Choice

Buyers and sellers entered into a contract for the sale of nuts.The usual route used the Suez Canal.Prior to shipment,a war closed the canal.Because the freight charges would be so high by another route,the seller refused to ship.The buyer had to buy at a higher price elsewhere and sued the seller.At trial:


A) the seller will win based on the doctrine of frustration of purpose.
B) the buyer will win since this is just a risk of doing business.
C) the seller will win because of res ipsa loquitur.
D) the buyer will lose because problems with shipment by sea are an excuse for nonperformance.

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