Assignment task:
Attorney Liberty's client, Marcella, a portrait painter, is being sued by one of her clients, Dillon. Marcella does not believe that Dillon has a valid lawsuit against her and has consulted Liberty to represent her. Liberty has tasked you with research and analysis to help her prepare for the next conference with Marcella.
Facts: Marcella contracted with Dillon to paint his portrait that was to be a gift for his wife for Valentine's Day. Marcella was to deliver the portrait to Dillon on February 13. Marcella completed the painting well in advance of the delivery date. On the morning of February 13, before she delivered Dillon's portrait, her studio caught fire burning everything within it including the portrait for Dillon.
Marcella thought she might be able to borrow studio space from an artist friend to try to redo the portrait quickly. However, even with access to a studio it would be nearly impossible to redo the portrait on time. Marcella felt defeated and did not try to redo the portrait.
Dillon sued Marcella alleging that Marcella breached their contract by not delivering the painting by February 13, as agreed.
Instructions: Analyze and address the following questions in preparation for the meeting with Liberty, Marcella, and you.
1. Analyze and explain what possible defense Marcella could claim to Dillon's allegation of breach of contract.
Explain whether the defense would likely be successful and specifically why.
2. Analyze and explain whether the possible defense would be different if Marcella's studio fire occurred on February 7, rather than on February 13.
Explain specifically why or why not.