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. 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 individually and the probable outcome of any claims
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Martha has contracted with a small catering firm to provide a renaissance menu and a waiting service. Unfortunately, the head chef who is the only chef able to provide the required cuisine has become ill and will not be able to provide the service required. Where a contract has been agreed but is rendered impossible to perform due to an unforeseen event a implied term exists, in that, if subsequent to the contract being made circumstances change which are beyond the control of the parties and which radically alters the purpose of the contract the contract ceases to exist and both parties will be excused from performing any further obligations under the contract. In circumstances where a contract has become frustrated in this way the contract is discharged by law. In the words of Lord Radcliff "frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render a thing radically different from that which was undertaken by the contract". Such a situation arose in Taylor v Cadwell (1863) 122 ER 309 where the claimant hired a music hall in which to host a series of concerts. A great deal of effort was put in to the organisation and advertising of the events but the music hall was destroyed by a fire prior to the date that the performances were due to take place. The claimant sought to recover the expenses incurred and to make a claim in breach of contract for the defendants failure to provide the hall. The claim failed as the court held that the contract had become frustrated as the fire had rendered it impossible for the defendant to perform the contractual obligations. Similarly, in 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
Martha has contracted with a small catering firm to provide a renaissance menu and a waiting service. Unfortunately, the head chef who is the only chef able to provide the required cuisine has become ill and will not be able to provide the service required. Where a contract has been agreed but is rendered impossible to perform due to an unforeseen event a implied term exists, in that, if subsequent to the contract being made circumstances change which are beyond the control of the parties and which radically alters the purpose of the contract the contract ceases to exist and both parties will be excused from performing any further obligations under the contract. In circumstances where a contract has become frustrated in this way the contract is discharged by law. In the words of Lord Radcliff "frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render a thing radically different from that which was undertaken by the contract". Such a situation arose in Taylor v Cadwell (1863) 122 ER 309 where the claimant hired a music hall in which to host a series of concerts. A great deal of effort was put in to the organisation and advertising of the events but the music hall was destroyed by a fire prior to the date that the performances were due to take place. The claimant sought to recover the expenses incurred and to make a claim in breach of contract for the defendants failure to provide the hall. The claim failed as the court held that the contract had become frustrated as the fire had rendered it impossible for the defendant to perform the contractual obligations. Similarly, in 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