During a very mild fall, Dave and Pat entered into a valid contract for Dave to build an in$-$ground swimming pool on Pat$$s property. About one week before the agreed start date, the weather suddenly changes, below zero temperatures freeze the ground solid, and an early blizzard shuts down the roads and delays the delivery of necessary supplies. Dave notifies Pat that because of the unexpected bad weather, it is not possible for him to install her in$-$ground pool until spring. Which of the following statements is true?

Question $3$ options:

$1)$

Dave$$s conduct is an anticipatory breach of his contract with Pat as of the date the pool was scheduled to be completed.

$2)$

Dave is likely to be able to raise the defense of impossibility, excusing him from not completing the contract as drafted.

$3)$

Dave$$s conduct is an anticipatory breach of his contract with Pat as of the date he notifies Pat he will not install her pool until the spring.

$4)$

Dave$$s conduct is not a breach of his contract with Pat because he had not yet started the work.