$8-9$

$0$:$59$:$50$

Page $7$ of $8$

Question $31(2\mathrm{.}5$ points$)$

A massive crop infestation caused Northfront Corn Corp. to default on their corn delivery contract to Right Foods Corp., a manufacturer of packaged chips. As the infestation spread across the country, Northfront was not able to source from other corn producers. In this case, Northfront is most likely to be excused from performance because of

A$)$ a condition precedent in the delivery contract

B$)$ divisibility of performance

C$)$ commercial impracticability

D$)$ substantial performance

E$)$ eminent domain