Question
Read the following article on frustration in contract law and Covid19. Also see the discussion in your textbook. https://www.mccarthy.ca/en/insights/articles/impact-covid-19-contractual-obligations-force-majeure-and-frustration Discuss the following scenario and give
Read the following article on frustration in contract law and Covid19. Also see the discussion in your textbook.
https://www.mccarthy.ca/en/insights/articles/impact-covid-19-contractual-obligations-force-majeure-and-frustration
Discuss the following scenario and give an opinion applying the facts to what you think the law of frustration. In doing so, explain what a frustrated contract is and how this concept may apply here.
John and Jasmeenplanned a wedding for May of 2020 back in the summer of 2019. They entered into a contract with Happily Every After Banquet Hall and Catering in Mississauga to rent the hall on May 10th of 2020 and to cater it for dinner for 100 guests for a total of $19,000 plus all applicable taxes. They put down a deposit of $2000 when they entered in the contract in August of 2019.
In mid March Ontario declared a pandemic due to the spread of Covid19, and businesses were ordered to close, and large gatherings of more than 10 people were banned. The wedding could not go ahead on May 10th. The banquet hall, seeing their summer of 2020 wedding business drying up, refused to return their deposit and said they had every right to keep it. Covid19 was not their fault.Later when the young couple obtained a lawyer to write letter on their behalf, the banquet hall offered them either an indoor wedding at a later date when health authorities would permit it (as late as summer 2021) or to host an outdoor wedding in August 2020 with appropriate social distancing. John and Jasmeen want to know what their rights are. Can they cancel and get a refund? Is the banquet hall entitled to keep the deposit? Are they required to accept one of the two suggestions for the August wedding?
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