A. Has the contract between Paul and Bagel Parkson been frustrated?
For a successful pleading of Frustration, describe the three essentials.
(Example of writing an essential: 1) The event was outside the
contemplation of the parties; i.e. the parties did not anticipate the thing
from happening: Jackson v Union Marine Insurance.
Discuss Paul’s situation: Has the contract between Paul and Parkson
Been frustrated? From the facts of the case, it would appear that Parkson’s
Own actions had caused him to be arrested. Therefore it is unlikely
that the contract between parkson and Paul has been frustrated:
Maritime National Fish v Ocean Trawlers. (there is no frustration).
Therefore, Paul can bring legal action against Bagel Parkson for
Breach of contract, and claim unliquidated damages from Parkson.
B. Can Paul claim damages from Bagel Parkson for breach of contract?
As argued above that Parkson is liable to Paul for breach of contract by not being able to perform his part of the contract as he was obliged to, Paul can bring an action for damages against Parkson.
Parkson had breached his contract by getting himself arrested for drug possession and consumption.
Discuss the two ways in which a party (person) may commit a breach of Contract:
Based on the above arguments, it is suggested that by consuming and possessing illegal drugs in his hotel room, Parkson had disabled himself from carrying out his part of the contract. This is similar to the case of Synge v Synge where a husband was held to have disabled
himself from performing his part of the contract. In this case the court allowed the wife to bring action for breach of contract. This is likely to apply in Paul’s situation.
C. Between Paul and the concert goers, has there been a breach of contract?
Discuss the nature of terms of a contract: conditions and warranties: buying a concert Ticket to see a top performer is the root of the contract – condition. If the condition is
Broken, what can the injured party do? Discuss this.
Between Paul and concert goers, there has been a breach of contract. Discuss what Pual Must do.
D. Paul’s legal course of action.
Discuss what Paul can do.
Damages against Parkson. Unliquidated.
Discuss the four factors that need to be considered (for a claim in damages.)