Libby has decided to landscape her gardens. She enters into a contract with Kelly, the owner of Horty Designs , a horticultural design company, to have her gardens redesigned and replanted with flowers and shrubs. Kelly is a renowned expert and is experienced in garden design. Libby will pay Horty Designs 2000 for undertaking the work. Kelly works on the gardens for eight days, but the weather is very cold and wet, and Kelly falls ill with flu. Kelly is replaced by Gary, who is equally recognised and experienced to do the work. Libby is, however, looking for an excuse to terminate the agreement as she now feels that she cannot afford the work and she informs Horty Designs that she no longer requires their services, using the absence of Kelly as an excuse. Gary contacts Libby and tells her that if Libby does not allow him to continue with the work, Horty Designs will take legal action. Libby claims that Horty Designs cannot take any action whatsoever against her because their agreement is frustrated for the reason that Kelly cannot complete the work. (c) Is Libby correct that their agreement is frustrated? Explain your answer with reference to case law where appropriate.