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Melissa is planning a huge party for her upcoming 30th birthday. She invites over one hundred guests and pays $20,000 to hire a boutique caterer and a celebrity DJ. She also enters a contract with...

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Melissa is planning a huge party for her upcoming 30th birthday. She invites over one hundred guests and pays $20,000 to hire a boutique caterer and a celebrity DJ. She also enters a contract with Craig to hire his prestigious function centre with sweeping views of the city skyline. Unfortunately, on the day before Melissa’s party, a fire breaks out in the function centre’s kitchen and the venue is destroyed. Melissa is devastated and wants to sue Craig for breach of contract. Advise Melissa.
Answered Same Day May 23, 2022

Solution

Insha answered on May 24 2022
107 Votes
Running Head: Business & Corporations Law         1
Business & Corporations Law                         5
Business & Corporations Law
Table of Contents
Introduction    3
Rules and justifications    3
Remedies    5
Damages    5
Specific Capabilities    5
Restitution and Cancellation    6
Conclusion    6
Introduction
Melissa pays $20,000 to engage a star DJ and a boutique caterer for her impending 30th birthday cele
ation. She also hires Craig's famous event center, which has magnificent views of the metropolitan skyline. A fire
eaks out in the function center's kitchen the day before Melissa's party, destroying the venue. As a result, Melissa will be informed whether or not the contract has been
oken in this document. Rules and grounds for the judgment are also included.
Rules and justifications
Frustration can lead to termination of the contract. When an unusual and unforeseen occu
ence occurs beyond of the parties' control, the contract becomes frustrated (Berg, & Fa
enblum, 2018). Additional expenditures or A contract's hardship alone are inadequate to make an occu
ence frustrating. The Frustrated Contracts Act permits parties to seek court help to determine the value of the benefit obtained, recover payments made, and recover expenditures paid before to the occu
ence of the event (Bernhardt, & Fersko, 2021). Frustration may only occur when:
· If an unforeseen event renders performance financially, legally, or physically impossible, the contractual party may be entitled to claim non-performance as an explanation. In the perspective of the law, a party has pledged to perform under the contract and will be in violation if they fail to do so. (Vassileva, & Pédamon, 2021) However, an unanticipated incident has fundamentally altered the parties' duties. That too is outside the parties' control. Melissa and Craig’s commitments have been dramatically altered as a result of the fire, which was an unforeseeable incident beyond their control. Hence, Craig can no longer serve the function center physically.
· Force Majeure (Section 15.12). No Party shall be responsible or accountable to the other Party, nor shall any Party be held to have
oken or defaulted under this Agreement (Trenor, & Lim, 2020). When and to the extent that any delay or failure in performing or completing any...
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