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Britney Spears and Christina Aguilera have left the music industry and gone into computer repair and law respectively. Per a contract, Britney is supposed to repair Christina's computer in exchange for $300.00 by a certain date. That date passes and Christina is unable to use her computer for work at her law practice, which causes her to miss two court deadlines and lose a client. Right before she was set to start repairing the computer, NSYNC broke into Britney's office and stole her tools, money, and worst of all, her copy of the 1868 North Carolina constitution. Because her money and credit cards were stolen, she couldn't buy new tools. As a defense, she claims that performing the contract was impossible.A.Britney will not waive the defense if she fails to raise it earlyB.This is an affirmative defense under rule 8(c).C.This wouldn't be an "avoidance."D.Britney needs to raise this in her answer or she'll waive it.
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