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Ipod

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Submitted By itsmian4u
Words 601
Pages 3
Introduction:
I have been advised to discuse two different situation happening in the case of Belinda and Adam. Adam agrees to Belinda that he will build an extension to belinda’s house but Adam is not able to finish his work because he loses one of his machinery due to some unforeseen reasons and Belinda was having a wedding at the extention the next after its completion.
Key issues: 1. Is there a contract between the two parties? 2. Is it a condition or warranty? 3. What are the terms? 4. How to end contract or stay in contract? 5. Can Adam or Belinda argue on basis of frustration? 6. Can the contract be mutually discharged?

Relevant Law:
Contract law:
A contract is a legal binding agreement or promise. A person who makes a promise is called a promisor and The person to whom promise is made is made is called a promise.(1) carter, penden and Tolhurst
If a contract is breached than the plaintiff receives a compensation from the party responsible for breach of contract.( Hadley v Baxendale 1854 pg 529)
The terms are frustration( taylor and Caldwell 1863) and implied term.
Apply the law to the facts:
Is there a contract between the two parties?
Yes there is a contract between the two parties.
Condition:
It is a term that is very important to contract. It is considered so important that non performing it may result in getting sued by the injured party.
Frustration:
It is the concept devised by the court to deal with situation in which an event beyond the control of the parties.
Implied term:
A contract may contain a number of terms that the parties or court may “read” into a contract.

Can the contract be mutually discharged?
Both parties have to abandon their original agreement while there is still something to be done by both sides. The contract is still executor meaning it is still to be performed.
Conclusion:
Case A)

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