On April 4, a homeowner hired an electrician to evaluate his home's wiring. The electrician found the
Question:
On April 4, a homeowner hired an electrician to evaluate his home's wiring. The electrician found the wiring to be faulty, called it a fire hazard, and urged the homeowner to fix it soon. That day, the homeowner entered into a written contract with the electrician, whereby the electrician agreed to repair the wiring for $1,600. The contract provided that the repair would take place prior to April 30, on a day when the homeowner would be home. On April 26, the work had yet to be done so the homeowner called the electrician to pin down a date. The electrician suggested April 29, and the homeowner agreed. On the morning of April 29, the electrician arrived ready to do the repair work. However, he discovered that no one was home, and he could not get inside. Earlier that morning, the homeowner had been rushed to the hospital for an emergency appendectomy, and the homeowner did not return home from the hospital until May 1. On that day, the faulty wiring caused a fire that severely damaged the house.
Will the electrician succeed in a breach of contract action?
Group of answer choices
A. No, because the homeowner's obligations under the contract were subject to an express condition precedent that failed because of supervening impossibility
B. No, because the electrician did nothing about the agreement between April 4 and April 26
C. Yes, because any recovery by the electrician will be subject to a setoff by the homeowner on account of his damage from the fire
D. Yes, because the homeowner made and breached an implied-in-fact promise to make the house available to the electrician before April 30
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts