Read the cases below and answer the question / issue in the cases. In answering the case, please use the IRAC method.

Please use the IRAC method

Question One

Milo, a vegetable farmer in Cameron Highlands enters into a contract to supply 200kgs of White Pearl Corns and 300kgs of chilies to Holik, a fresh produce retailer in Bangsar. Delivery was supposed to be made on the 15th of September 2021 since Holik has promised his buyers that the corns and chilies will be available by the 17^th.

As Milo sets-off from Cameron on the morning of 15^th September with his lorry, a huge landslide occurs which totally obscure the main road connecting Cameron and the towns. Although the old road can still be used, the authorities cautioned the public to exercise care and only use the road when needed. Not wanting to take the trouble, plus knowing that the old road will be congested for hours as people are trying to make their way down, Milo decided to cancel the trip.

He called Holik informing him of the situation. Holik is angry as he has customers waiting for the delivery and threaten to sue Milo if he does not continue with the delivery, but Milo told Holik that their contract has been frustrated and he cannot be blamed. In fact, he is also keeping the RM300 that Holik has paid as deposit.

Holik comes to you to seek advice. Explains to him whether Milo is right or not when he said that the contract between them has been frustrated and whether he can get his RM300 back. (8 Marks)