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Q. Food mart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in new contracts, subcontracted the job to build them to Fall Construction. Food mart was unaware of the subcontract. When Food mart realized, due to the poor quality of work, that Build was handling the renovation, Food mart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract or to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Summarize the legal defences to contract formation and enforcement.
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