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Len is a keen rugby fan. He sees this advertisement: Rugby World Cup in Australia Be There! See 8 rugby games including one semi-final and

Len is a keen rugby fan. He sees this advertisement:

  • Rugby World Cup in Australia
  • Be There!
  • See 8 rugby games including one semi-final and the final:
  • Then spend 10 days touring the Australian Outback
  • $10,000.00 per person
  • Inclusive of air fares ex Auckland, tickets, accommodation, transport and all meals
  • No refund in the event of cancellation by the purchaser
  • Contact Fairplay Travel Ltd 09 1222212

Len books the trip for himself and his friend Stan and pays in full. Under the terms of the contract, there is no refund in the event that Len cancels. One week before they are due to leave, the Rugby World Cup is cancelled as a result of a Covid-19 outbreak in the host cities. The Australian Outback is unaffected by Covid-19. Len and Stan no longer wish to take the trip given the cancellation of the rugby. When Len approaches Fairplay Travel Ltd (Fairplay), the company acknowledges that it can no longer provide Len and Stan with access to world cup rugby games and is not able to perform that part of the contract. Fairplay points out that the tour of the Australian Outback is unaffected and that it has spent money in making the necessary arrangements which it cannot recover.

Is Len still bound by the contract? Can he recover the $20,000.00 paid to Fairplay?

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