1.This is a case involving a company named Aramark and the BC Lions football team. Aramark supplied various food and beverages for sale at the BC Lions' football games. Contractual negotiations between Aramark and the Lions had been extremely lengthy as the Lions were trying to get as good a deal as possible out of the company. After some heated discussions, the two parties agreed to a contract with the following provisions: "It is agreed that the seller will provide a number of high quality foods for each of the buyer's home football games. Should the seller fail to properly supply such food then the seller will be in breach of contract and liable for $500,000 which is a genuine estimate of what the buyer will lose at its football games from the seller's failure to provide food. The seller shall have the sole right to terminate this contract upon thirty days notice and only if there has been a substantial change in the market price for food." Later in the contract, the parties also agreed that the contract would immediately be at an end should the Canadian Football League ("CFL") cancel its season as a result of the ongoing COVID-19 pandemic. Unfortunately for all parties involved, a hurricane was sweeping through Central America where Aramark purchased the vast majority of its food at the lowest price. The hurricane caused extensive damage and meant that Aramark could not ship in its usual food orders to BC. Also, the price of food had skyrocketed because of the hurricane. In addition to the hurricane, the parties were extremely disappointed to hear the CFL was suspending its season for another year while COVID-19 continued to abate. On hearing all of this news, the Lions wrote to Aramark saying they were terminating the contract because of the price increase and Aramark's failure to provide the food.

In what ways have the parties attempted to discharge the contract by agreement?

Explain with full reference to the relevant law on discharge by agreement and whether or not the discharge by agreement forms in the question would be successful. (6 marks