Question
Selena Bongalalae is a young carnival entrepreneur interested in bringing out a Carnival Mas Band starting from January 2021. A company in China known as
Selena Bongalalae is a young carnival entrepreneur interested in bringing out a Carnival Mas Band starting from January 2021. A company in China known as Foo Ling Limited proposed the sale of 5000 costumes per year over a 10-year period at a fixed price of $20,000.00 per year. Foo Ling and Selena executed a contract on the terms purposed by Selena commencing January 31st, 2021. Due to the Covid-19 pandemic, Carnival was cancelled in Trinidad and Tobago for 2021 and Selena wrote Foo Ling indicating that she would not be able to purchase the costumes as there was no carnival. Prior to writing Foo Ling, Selena discovered from another Mas Band, ran by Jumbie Smith that there was a supplier in China that would give the same terms and conditions of 5000 costumes per year for 10 years but a cost of $10,000.00 instead of $20,000.00. Selena contacted this company and arranged to purchase costumes from Carnival 2022 onwards. Selena then wrote Foo Ling Limited confirming the cancellation of Carnival 2021 and indicated that in turn she would be cancelling the contract with Foo Ling Limited because the Covid-19 pandemic and the cancellation of Carnival 2021 by the government of Trinidad and Tobago. Foo Ling in response informed Selena, that they were willing to waive the order for 2021 but would be insisting on the performance of the contract of the remaining 9 years of its term.
1. What is the issue?
2. What is the law?
3. Please advise Selena.
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