Facts: Marcella contracted with Dillon to paint his portrait that was to be a gift for his wife for Valentineâs Day. Marcella was to deliver the portrait to Dillon on February 13. Marcella completed the painting well in advance of the delivery date. On the morning of February 13, before she delivered Dillonâs portrait, her studio caught fire burning everything within it including the portrait for Dillon.
Marcella thought she might be able to borrow studio space from an artist friend to try to redo the portrait quickly. However, even with access to a studio it would be nearly impossible to redo the portrait on time. Marcella felt defeated and did not try to redo the portrait.
Dillon sued Marcella alleging that Marcella breached their contract by not delivering the painting by February 13, as agreed.
Instructions: Analyze and address the following questions in preparation for the meeting with Liberty, Marcella, and you.
- Analyze and explain what possible defense Marcella could claim to Dillonâs allegation of breach of contract.
explain whether the defense would likely be successful and specifically why.
- Analyze and explain whether the possible defense would be different if Marcellaâs studio fire occurred on February 7, rather than on February 13.
explain specifically why or why not.
Write in correct, complete sentences in paragraph format, unless instructed otherwise.
Sample Solution
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