Legal Case Study Essay

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Legal Case Study Tom agrees to give Ellen private tuition for her Law of Contract examination to held in eight months time. The fee is £300, of which Ellen pays £25, with the balance to be paid on completion of the tuition. Tom spends £50 in the preparation of some printed tuition notes. After two months Tom goes to Spain for a week long holidays at Christmas. Whilst on the holiday he is arrested, having been mistaken for Tim, and detained for two months. On his return he discovers that Ellen has …show more content…
This test was upheld in Pinoeer Shipping Ltd v BTP Tioxide and National Carriers v Panalpino.

Here Ellen has engaged Tom as a tutor for eight months but for 2 of the months he has been detained in Spain. The personal nature of Tom is significant for performance of contractual obligation, Condor v The Barren Knight from the facts of the case the detention of Tom is not as a result of self induced as he was mistakenly detained Maritime National Fish v Ocean Trawlers. However the burden of proving lies on the person alleging frustration ie Ellen Joseph Constantive v Imperial Smelting

Further on behalf of Tom it can be said that the contract is still possible of performance on his return as such a contract is not frustration automatically unless it is inordinate and unexpected delay. This is know as frustration of later date International Sea Tankers v Hemisphere Shipping.

Ellen does not know how long would Tom will be detained as such it is justifiable for Ellen to engaged another tutor. Here Ellen has suffered 2 month delay and further delay would significantly changes the nature of obligation which the party contemplated. Jackson v Union M.I But on the other hand the facts is not clear as to when Ellen exactly engaged the second tutor ie to fulfill the principle of “ Wait and see” Shipping Ltd v BTP

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