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10. Which of the following is an accurate statement?
On May 15 at 1 a.m., the Coast Guard had issued offshore «heavy weather» warnings and prohibited all small vessels the size of the woman's from leaving the harbor. This prohibition remained in effect throughout the day. The father did not appear at all on May 15, because he had heard the weather warnings on his radio.
A woman owns an exceptionally seaworthy boat that she charters for sport fishing at a $500 daily rate. The fee includes the use of the boat with the woman as the captain, and one other crew member, as well as fishing tackle and bait. On May 1, a father agreed with the woman that the father would have the full-day use of the boat on May 15 for himself and his family for $500. The father paid an advance deposit of $200 and signed an agreement that the deposit could be retained by the woman as liquidated damages in the event the father canceled or failed to appear.
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B is incorrect. The impossibility of performance was due to a supervening event (the occurrence of inclement weather on May 15) and not a mistake of the parties at the time of the contract (May 1).
C is incorrect. The Coast Guard's prohibition effectively prevents the woman from performing the contract.
D is incorrect. The liquidated damages clause cannot be construed as an allocation of risk of bad weather, as it specifies that the deposit is to be retained by the woman only in the event of breach by the father.