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A Level Law (Contract) Assignment 12 - Discharge

Task

You will be set one of the following questions:

 

1. Fern books a room, for one day in May, in the Grove Hotel so that she and her friends can watch the Notting Mount festival activities due to take place that day. Fern pays a deposit of £20 on making the booking in March, the remaining £100 to be paid on the day of the festival. The festival is unexpectedly cancelled on the Friday before the festival, due to storm damage in the area.

Fern has also ordered a new dress for the festival from Harriet's Boutique. It is a particularly unusual dress, and is being made to order, to be ready in time for the festival. One week before the delivery date, Fern tells Harriet that she will not need the dress, as her aunt has given her a similar one.

Fern also orders a luxury taxi from Kardeals for a dance on the evening of the festival. When the taxi arrives Fern is told that Kardeals are busy with other customers, so Jellicabs are to take her instead. The small taxi supplied is cold, noisy and dirty, and breaks down on the way to the dance, so that Fern and her friends arrive late.

Advise Fern concerning her agreements with the Grove Hotel, Harriet's Boutique and Kardeals.

(Q7 June 2001)

or

2. 'Sometimes it is convenient for one party to claim that a contract has been frustrated rather than breached.'

(a) When is a contract frustrated?

(b) Critically discuss the effect that frustration will have on the contract.

(Q5 June 2000)

or

3. Examine the reasons for claiming that a contract is frustrated rather than breached.

(Q4 June 1999)

or

4. Andrew owns the Hotel Splendid. In May Bruce reserves and pays for accommodation in the hotel, including the hire of a very large meeting room. Bruce and some of his business colleagues plan to use the accommodation for a conference in July. In June Andrew informs Bruce that a fire has damaged most of the hotel, but that the group could have rooms in a nearby guest house which Andrew also owns. However, the facilities in the guest house are inferior and there are no conference rooms. Bruce wishes to cancel the booking but Andrew insists that the payment cannot be refunded.

Advise Bruce.

(Q6 June 1998)

or

5. How have the courts attempted to place limits on the doctrine of frustration, and why should they wish to do so?

(Q1 June 1997)

or

6. Consider whether the doctrine of frustration gives the courts the opportunity to apportion fairly the loss between two relatively innocent parties.

(Q3 June 1996)

or

7. Zena buys a fruit farm and agrees to supply William with a specified quantity of various fruits per year over a three year period. William owns a processing plant and produces jams and other products from the fruit. He installs extra equipment costing £500 in preparation for the fruit which he expects from Zena. During the first year the summer is extremely hot, and most of Zena's crop is destroyed by a very bad fire. She makes no effort to find an alternative source of fruit, and after two weeks it becomes apparent that she will not be able to keep to her part of the agreement. William is unable at this stage to obtain another supplier of fruit.

Advise William as to whether the contract will be frustrated.

(Q10 June 1995)

or

8. 'The doctrine of frustration is merely an excuse for people to escape from a contract simply because things have not turned out as they expected.'

Discuss.

(Q1 June 1994)

or

9. 'The basic rule is that the performance must strictly and entirely match the terms of the contract … As with many other legal rules however, it is in practice less important than the large number of exceptions which qualify it. The possible injustice and harshness of the rule is accordingly heavily mitigated.' (Hogan, Seago and Bennett)

Discuss.

(Q4 June 1993)

or

10. Dawn and June are keen birdwatchers. They decide to spend two weeks' holiday watchig birds in a famous wildfowl reserve. They arrange to rent a cottage owned by Twitcher, which is two miles from the reserve. The rent is £150 per week, £50 of which is payable in advance with the remainder payable on arrival at the cottage. When booking the cottage Dawn and June tell Twitcher that they intend to spend most of their time visiting the wildfowl reserve.

Two weeks later before they are due to go on holiday, there is a fire at the reserve which destroys the habitat and kills most of the birds. Dawn and June write to Twitcher cancelling the holiday and requesting the return of the £50 deposit. Twitcher refuses to return the deposit and claims an additional £75 which he spent on decorating the cottage in preparation for their stay.

Advise Dawn and June.

(Q7 June 1992)

 

Guidance

My students should see me in the Law workshop or email me if help is required with this assignment.

 

Set: [date]

Due: [date]

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