Contractual Performance and Breach

Description:

Congratulations! You have been hired by a law firm to provide legal advice. Your first client in your new job, Mr. James Bond, needs your legal advice on the following 2 issues:

1. Mr. Bond is a landscaping contractor. He was hired by Mrs. Anderson to install a sprinkler system and new landscaping in her front yard, making a $1,000 down payment. The day before the installation was to take place, an unexpected storm came in, causing massive flooding in the area, leaving Mrs. Anderson's yard covered in two feet of mud, tree branches, and trash. In order for Mr. Bond to perform his duties under the contract, he would first have to clean up the debris, then dig through an extra two feet of mud, which would require several days, and extra equipment and manpower. Mr. Bond opts for non-performing the contract. In your opinion, can Mr. Bond be sued by Mrs. Anderson for breaching the contract? Explain in detail.

To help answer this question, refer to the textbook, Chapter 9, pp. 267-273, and also read the following article: "Frustration of Purpose Example: Everything You Need to Know" https://www.upcounsel.com/frustration-of-purpose-example

2. Mr. Bond decided to sell his boat. He found a buyer and signed a contract. Before the delivery of the boat, he was sailing on it for the last time when the boat sank. As a result, he cannot meet his contractual obligations. However, the buyer insists on the delivery of the boat since he made an advance payment. In your opinion, can Mr. Bond be sued by the buyer for breaching the contract? Explain the reason for your answers in a simplified way.