Albert engaged Bertha, an inexperienced actress, to do a small role in a new Broadway play for a period of six months at a salary of $200 a week. Bertha turned down another role in order to accept this engagement. On the third day of the run, Bertha was hospitalized with influenza and Helen was hired to do the part. A week later, Bertha recovered, but Albert refused to accept her services for the remainder of the contract period. Bertha then brought an action against Albert for breach of contract.Which of the following is Bertha's best legal theory?
Her acting contract with Albert was legally severable into weekly units. Her performance of the literal terms of the contract was physically impossible. Her reliance on the engagement with Albert by declining another acting role created an estoppel against Albert. Her failure to perform for one week was not a material failure so as to discharge Albert's duty to perfor
Question: Albert engaged Bertha, an inexperienced actress, to do a small role in a new Broadway play for a period of six months at a salary of $200 a week. Bertha turned down another role in order to accept this engagement. On the third day of the run, Bertha was hospitalized with influenza and Helen was hired to do the part. A week later, Bertha recovered, but Albert refused to accept her services for the remainder of the contract period. Bertha then brought an action against Albert for breach of contract.Which of the following is Bertha's best legal theory?
A. Her acting contract with Albert was legally severable into weekly units.
B. Her performance of the literal terms of the contract was physically impossible.
C. Her reliance on the engagement with Albert by declining another acting role created an estoppel against Albert.
D. Her failure to perform for one week was not a material failure so as to discharge Albert's duty to perfor
Answer: