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29. Is the rancher liable for the loss?
An experienced rancher contracted to harvest his neighbor's wheat crop for $1,000 «when the crop [was] ripe.» In early September, the neighbor told the rancher that the crop was ripe. The rancher delayed because he had other customers to attend to. The neighbor was concerned that the delay might cause the crop to be lost, for hailstorms were common in that part of the country in the fall. In fact, in early October, before the crop was harvested, it was destroyed by a hailstorm.
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B is incorrect. In this case, the rancher's experience and the frequency of hailstorms in the fall combined to make the loss resulting from the rancher's breach foreseeable.
A is incorrect. The language in the contract tying the rancher's performance to when the crop was ripe was sufficient to establish the time of the rancher's performance. The rancher will be liable for the loss because such a loss was foreseeable, given the rancher's experience and the frequency of hailstorms in the fall.
D is incorrect. Even though it states the correct result, it provides the wrong rationale. A party that breaches a contract is liable only for damages that were foreseeable as the probable result of the breach when the parties entered into the contract.