While Doug was driving Olivia's car, he hit Peter in a pedestrian right-of-way. Peter sued both Doug and Olivia, alleging that Doug had negligently driven the car and that Olivia had negligently permitted an unfit driver to use her car. Assume for the purposes of this question only that the day after the preexisting structure is demolished and the rubble removed, a severe storm causes gigantic waves that erode the seashore so that Owner's lot is now under water. Must Builder still perform the contract?
A. No, the contract is void because the subject of the contract was destroyed through no fault of the parties.
B. No, Builder is discharged of his obligation because of impossibility of performance.
C. Yes, if Owner obtains an alternative lot within a reasonable period of time.
D. No, the contract is void because of mutual mistake.
Choose A, B, C or D as your solution.
B