Legal Issues Over The Separate Commercial Contracts

1730 Words7 Pages
In the scenario which has been presented the legal issues that have arisen relate to three separate commercial contracts which have been entered into. Different legal issues have affected each contract but on the whole there are three main elements which can be identified, these being, of breach of contract, frustration of contract and a failure with regard to the perfect tender rule, mitigated by substantial performance. Each contract will be considered separately using legislation and relevant case law to come to a determination as to what remedies are available in relation to each of the contracts in question. After considering each contract a conclusion will be drawn as to the legal position regarding each of the contracts…show more content…
However, the Act also provides that where a party has incurred expenses before the time of discharge for the purpose of performing their obligations under the contract, and if it is just to do so that party may be entitled to retain the whole or part of the amount paid provided that this does amount not exceed any expenses that were incurred. Martha, an events planner has entered into a contract with the owner of a venue Lafreau estate where it was her intention to stage a ball. An important element of the contract involved the hire of a large tent and the tropical gardens where it was intended to install the tent as a venue for the ball dinner. However, heavy rainfall leading up to the event has rendered the garden waterlogged resulting in the ground becoming incapable of supporting the tent. The venue owners, therefore, have inform ed Martha of the situation implying that they will be unable to perform their obligation to supply the tent or the hire of the garden. An anticipatory breach such as this entitles the innocent party to sue immediately or to await performance. It appears from the facts that the estate owners have received a
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