Depp Designs Inc Is a Landscaping and Topiary Company

Multiple Choice

Depp Designs Inc is a landscaping and topiary company.Roger owns a house that is surrounded by various types of shrubbery.He entered into a contract with Depp under which the company was required to sculpt the various shrubs into the shapes of dogs.Because of an error, however, Depp actually sculpted the shrubs into the shapes of cats.Which of the following statements is TRUE?

A) Because of the circumstances, Roger cannot discharge the contract even though there has been a breach of condition, but Roger may sue for damages.
B) Because of its error, Depp has rescinded the contract
C) Because of its error, Depp has frustrated the contract
D) Roger's performance is clearly defective.
E) Because the parties already had an existing contract that required them to perform, it is impossible to classify Depp's actions as a breach of a "condition."