Question
In early-2023, Mike (aged 35), a baker entered into a contract with his younger cousin Akhil (aged 25) to cater for his upcoming nuptials in
In early-2023, Mike (aged 35), a baker entered into a contract with his younger cousin Akhil (aged 25) to cater for his upcoming nuptials in Sydney, NSW later that year. The contract indicates that the food to be supplied for the wedding will comprise various types of cakes baked for the guests that is, food primarily prepared from flour refined from wheat. The cost will be $10,000 with the cakes all due to be delivered by 3 September 2023, the date of the wedding. A formal written contract was validly signed by both parties and contained all the details of the catering required. Unfortunately, due to supply-chain disruptions occasioned by the war in Ukraine, there is a shortage of wheat and by late July 2023 Mike fears that he will be unable complete the baking of cakes in accordance with the terms of the contract due to the wheat shortage. Nevertheless, Mike also realizes that if the cakes are instead baked from almond meal (i.e. using almond meal sourced from almonds instead of flour sourced from wheat) then Mike could supply all the cakes by the date of the wedding on 3 September. Although almond meal would be more expensive to use than flour (from wheat), Mike believes that the additional cost of baking the cakes from almond meal is likely to be less than the additional damages payment that Akhil would be likely to receive if he sued Mike for breach of contract for failure to supply the original cakes (baked from flour) by the date of the wedding.Question: Advise Akhil on his legal position under contract law (i.e. his rights and responsibilities under contract law) in relation to any relevant parties. Do NOT apply the statutory provisions of any consumer law in your response.
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