A. Scenario: Jamieson Contractors (JC) is contracted to build the Laucala Public Park and Children's Playcentre for the Suva City Council. JC agrees to finish the work by a specific date and to pay a penalty' of $650 for every additional day required. The job takes an extra 50 days because of the COVID19 Pandemic Lockdown and a Cyclone that caused flooding at the Suva Foreshore which then caused the nearby drains to overflow and inundate the building site. There is no provision in the contract for delays due to a pandemic and flooding. The Suva City Council has demanded the extra payments. JC argues that they do not have to pay and as the contract was frustrated: It does not have to pay the penalty, and the Council is obliged to pay Jamieson instead for its extra costs." B. Instructions: Mr. Jamieson comes to your firm for advice and your supervisor asks you to write an internal legal opinion on the legal issues surrounding your client in the form of a legal memorandum (opening template below). Restrict your answer to issues relating to the topic of "Discharge of Contracts: Frustration. Your legal opinion should outline: 1. Introduction 2. Facts 3. Issues 4. Relevant Law (0.5) (1.0) (1.5) (2.5) (4.0) (0.5) 10.0 marks 5. Application 6. Conclusion TOTAL A. Scenario: Jamieson Contractors (JC) is contracted to build the Laucala Public Park and Children's Playcentre for the Suva City Council. JC agrees to finish the work by a specific date and to pay a penalty' of $650 for every additional day required. The job takes an extra 50 days because of the COVID19 Pandemic Lockdown and a Cyclone that caused flooding at the Suva Foreshore which then caused the nearby drains to overflow and inundate the building site. There is no provision in the contract for delays due to a pandemic and flooding. The Suva City Council has demanded the extra payments. JC argues that they do not have to pay and as the contract was frustrated: It does not have to pay the penalty, and the Council is obliged to pay Jamieson instead for its extra costs." B. Instructions: Mr. Jamieson comes to your firm for advice and your supervisor asks you to write an internal legal opinion on the legal issues surrounding your client in the form of a legal memorandum (opening template below). Restrict your answer to issues relating to the topic of "Discharge of Contracts: Frustration. Your legal opinion should outline: 1. Introduction 2. Facts 3. Issues 4. Relevant Law (0.5) (1.0) (1.5) (2.5) (4.0) (0.5) 10.0 marks 5. Application 6. Conclusion TOTAL
