The answer is the defense to a formal complaint.
Indicate whether the statement is true or false
Question 2
Wendell agrees to purchase 100 CDs featuring local artists from Musical Notes Productions, for sale in his music retail store. Just as production is about to begin, a tornado wipes out Musical Notes' studios. Can Musical Notes avoid performance on the contract?
A) Yes, because the inability to perform on a contract is always a legally valid reason for failing to perform.
B) Yes, because the destroyed studio was an unforeseeable occurrence which makes performance commercially impracticable.
C) No, because Musical Notes should have foreseen that its studio was in danger from a tornado, and moved its facilities or arranged for alternate means to produce the CDs.
D) No, because Wendell is entitled to the benefit of his bargain, so Musical Notes must find another way to produce the CDs.
William Kentridge, History of the Main Complaint.
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