Bar Exam Uniform Quiz
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CONTRACTS
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A winery in a jurisdiction has a contract to sell 1,000 cases of its 2023 vintage Merlot to a distributor. The written contract, which the parties agree is their full agreement, sets the price and delivery date but is silent as to the risk of loss. Before the delivery date, but after the contract was signed, a fire at the winery destroyed 500 cases of the Merlot that had been set aside and labeled for the distributor. The distributor is demanding delivery of the full 1,000 cases, while the winery claims its duty is discharged as to the destroyed cases.
Which legal principle will be most important in resolving this dispute? Select one.
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