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1. Mr. Raymond rented a trailer from the Large Truck Limited on which a 100-ton generator was to be loaded from a railway flatcar in
1. Mr. Raymond rented a trailer from the Large Truck Limited on which a 100-ton generator was to be loaded from a railway flatcar in Vancouver and moved to a ship for trans shipment to Toronto. Large Truck Limited's staff was to supervise placing the generator on the trailer in Vancouver and its subsequent unloading from the ship in Toronto and delivery to final destination in Hamsted.The contract provided for advance payment of rental and staff expenses in the amount of $40,500.00 which Mr. Raymond paid before taking delivery of the trailer. Before transporting the generator from the railhead to the ship at Vancouver, Large Truck Limited staff and the consultant for Mr. Raymond inspected the loading ramp leading from the dock to the ship. They concluded that the physical features of the loading ramp militated against successful completion of the task. Neither party had anticipated that the physical features of the ramp would prevent loading the laden trailer aboard the ship. In the light of the inability to perform the contract, Mr. Raymond sued and requested a refund of the money paid, which Large Truck Limited refused. Large Truck Limited counterclaimed seeking $15,500 from Mr. Raymond in respect of demurrage and other claims. What is the main legal issue? How can Mr. Raymond succeed in getting refund? How can Large Truck Limited succeed in getting the counterclaim of $15,500
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