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Scavengers Ltd You are acting for a commercial client, Scavengers Ltd, which specialises in offshore treasure hunting and in the exploration and preservation of historical
Scavengers Ltd You are acting for a commercial client, Scavengers Ltd, which specialises in offshore treasure hunting and in the exploration and preservation of historical artefacts and shipwrecks. In January Scavengers agreed to hire a barge, 'The Titan', from Oceanics for the month of June at a cost of 150,000. Payment was to be made in three instalments: 10,000 immediately, a further 70,000 on 1 June and the final 70,000 on 1 July. Oceanics had agreed to make certain alterations to the barge to meet Scavengers' specifications. The barge was to be used, in a widely publicised operation, to lift the wreck and any artefacts of a very famous ship which lay at the bottom of the Thames. The barge sank on 8 June after a number of artefacts, worth approximately 100,000, had been recovered and brought safely to shore, but before the lift of the wreck itself had begun. As it was the only vessel capable of lifting the wreck, the whole project had to be abandoned. Scavengers had paid the first instalment, but not the other two. Oceanics had made the specified alterations at a cost to them of 12,000. Scavangers has received a letter from Oceanics claiming 140,000 (representing the total amount of the instalments that Scavengers should have paid on 1 June and 15 July). Advise Scavengers, explaining its legal position, if the barge sank in a hurricane. Suggested approach for problem question involving frustration 1. Identify the contracting parties 2. State the general rul
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