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Question
Jim makes an agreement to play live music at Rustys Tavern every Thursday night. Last Thursday, he had the flu and hence could not go to Rustys. What can be concluded about the agreement with respect to Jims condition?
A. His performance can be excused due to a condition precedent.
B. His performance can be excused due to a condition subsequent.
C. His absence should be penalized because personal service contracts are never excused.
D. His absence should be penalized because there was a nonmaterial breach of contract.
Answer
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