Contractual performance is impracticable

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Question

Blue Studio (Blue) contracts with Derrick Teal (Teal) for Teal to lease Blue's recording studio to record Teal's series of 12 podcasts in exchange for payment of $4,000. The recording session is scheduled to take place on December 12. On December 11, Teal's larynx and vocal chords are injured in a motorcycle accident, requiring emergency surgery and his inability to speak for three weeks after the surgery. Teal notifies Blue immediately that he will not use the studio on December 12. What defense is Teal most likely to raise as a defense to Blue's lawsuit to enforce the contract.

Teal will argue that the contract is unconscionable. Teal will argue that his contractual performance is impracticable. Teal will argue that his duty to pay is discharged because of frustration of purpose. Teal will argue that the contract is unenforceable because it is not in writing.

Reference no: EM134038600

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