Carlos agrees to transport a valuable painting from London to Liverpool for Danesh, for a fee of £500. The painting is required urgently, for an upcoming exhibition. The day before the painting is to be transported, the only airline flying from London has a problem with its jets, and all flights will be grounded for a week. This is the first time such a serious problem has ever happened with this airline. The only alternative for Carlos is to pay for a private chartered flight for the painting, or transport it by road. Both of these options will cost more than £1000. Danesh claims that the extra costs are Carlos’ problem, and that he will sue Carlos for breach of contract if the painting is not delivered on time. Carlos says that the contract has now been frustrated, and a new contract must be negotiated. Who is right?

Question

01-05-2022
Law

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Carlos agrees to transport a valuable painting from London to Liverpool for Danesh, for a fee of £500. The painting is required urgently, for an upcoming exhibition. The day before the painting is to be transported, the only airline flying from London has a problem with its jets, and all flights will be grounded for a week. This is the first time such a serious problem has ever happened with this airline. The only alternative for Carlos is to pay for a private chartered flight for the painting, or transport it by road. Both of these options will cost more than £1000. Danesh claims that the extra costs are Carlos’ problem, and that he will sue Carlos for breach of contract if the painting is not delivered on time. Carlos says that the contract has now been frustrated, and a new contract must be negotiated. Who is right?

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anthougo anthougo · Answer 1 · 2022-05-12T11:21:37+02:00

Carlos is right as the contract was frustrated, not by Carlos or Danesh, but by the failure of the Airline to fly.

What is contract frustration?

Contract frustration refers to the breach of contract for non-performance without the fault of either party to the contract.

This implies that the obliging party cannot perform and fulfill the contractual obligations because of the occurrence of a fundamental event, making it impracticable or impossible.

Thus, Carlos is right as the contract was frustrated, not by Carlos or Danesh, but by the failure of the Airline to fly, thereby necessitating the formation of a new contract.

Learn more about the frustration of contracts at https://brainly.com/question/27415360

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