Paralegal Exam Prep

Category - Paralegal Test Review

A homeowner hired a contractor to build an addition on the homeowner's oceanside cottage. The contract required the contractor to begin the work on May 1 and complete the work by June 15. On April 25, a hurricane completely destroyed the homeowner's cottage. When the contractor failed to begin work on the addition on May 1, the homeowner filed suit against the contractor. This situation is most analogous to which of the following scenarios?

  1. A casino owner hires a magician to perform a magic show in the casino's entertainment lounge, but the entertainment lounge is destroyed in a fire two days before the contract was to begin. The casino owner then sues the magician.
  2. A homeowner hires a contractor to build an addition on the homeowner's suburban home, but a fire destroyed the home and the addition two days after completion of the addition. The homeowner then sued the contractor.
  3. A farmer hired a contractor to build an addition on the farmer's barn, but two days before construction was to begin, the farmer set fire to barn so he could collect the property insurance. The farmer then sued the contractor.
  4. A farmer fails to repair a fence enclosing a cow pasture, and a cow manages to escape from the farmer's property. The escaped cow is standing in the middle of the road when a driver hits the cow. The driver then sues the farmer.
Explanation

Answer: A - A casino owner hires a magician to perform a magic show in the casino's entertainment lounge, but the entertainment lounge is destroyed in a fire two days before the contract was to begin. The casino owner then sues the magician. The oceanside cottage situation above is most analogous to Answer A because both involve a contract between two parties, destruction of something fundamental to the contract (assumed by both parties), and a lawsuit. Answer B is not analogous (or is less analogous) because the property was destroyed after the construction was completed. Answer C is not analogous (or is less analogous) because the farmer intentionally destroyed the barn. Answer D is not analogous because no contract existed between the parties, and the failure to repair the fence involved negligence (not contracts).

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