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Mrs. Apple Wong (Apple) is the operator and owner of a small but exclusive restaurant in Central frequented by the rich and famous. Apple also
Mrs. Apple Wong ("Apple") is the operator and owner of a small but exclusive restaurant in Central frequented by the rich and famous. Apple also provides food for dinner parties at her clients' homes. When she provides food for such parties, she has to close her restaurant for the day. As a result, her charges for the food she provides for these parties are very high. Mrs. Chan, the wife of a shipping tycoon, was planning a dinner for 20 people to which she had invited a visiting dignitary from Beijing. The dignitary had confirmed that he would be pleased to attend the function. Wishing to ensure the success of her dinner party, Mrs. Chan engaged Apple to provide the food for the dinner. Mrs. Chan and Apple entered a written contract under which Apple was to cater for the 20 diners at $2500 per head. The contract also specified the menu, the manner in which items on the menu were to be cooked and served. The other provisions in the contract included the stipulation that Apple was "to cook the food personally in the kitchen of her restaurant" and "to transport it to the location of the dinner", Mrs. Chan's family house. On the day of the dinner, there was a power failure in Central. To fulfil her contract with Mrs Chan, Apple prepared the dinner in the kitchen of a friend in Shatin. The food was then transported to Mrs. Chan's house in a van which Apple followed in her own car. On arrival at the venue of the dinner, Apple was greeted by a very aggressive Mrs Chan. Mrs Chan referred to the power failure in Central and wanted to know if she (Apple) had managed to prepare the dinner. Apple explained that the power failure had not been a problem as she had prepared the dinner in her friend's kitchen in Shatin. Thereupon, Mrs Chan told Apple that she was rejecting the food as it had not been cooked in her (Apple's) kitchen. Apple tried to reason with Mrs Chan but the latter was adamant. She insisted that Apple had breached the contract and she (Mrs Chan) was terminating the contract. Apple finally left with the food. Two days after this incident Apple discovered that Mrs Chan had cancelled the dinner because the dignitary had been unable to attend the function on account of a sudden attack of migraine. Advise Apple who wants to know whether Mrs. Chan was legally justified in rejecting the food
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