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43. What, if anything, must the owner pay the arborist?
On the first day, the arborist cut down all the trees. That evening, a fire caused by vandals completely destroyed the trees, making them unfit for use by the lumber company.
A property owner hired an arborist to cut down all the trees on her property and to transport the trees to a lumber company. The owner agreed to pay the arborist $10,000 when the work was complete. The arborist said that the work would take him three days.
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A is incorrect. Expectation damages are a remedy for breach of contract, and here the owner is not in breach. Rather, the arborist was unable to complete performance due to impracticability.
C is incorrect. The arborist is entitled to restitutionary relief, whether the parties' performance was excused by impracticability or frustration of purpose.
D is incorrect. The arborist's failure to complete the work was excused by impracticability and he is entitled to recover in restitution for the benefit conferred.