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Sydney Engineers, a large construction company, has contracted with Hawkesbury Shire Council to build a new bridge over the Hawkesbury River. One of the

Sydney Engineers, a large construction company, has contracted with Hawkesbury Shire Council to build a new Sydney Engineers wants to be discharged from the contract and seeks your advice. What will you tell them? a)

Sydney Engineers, a large construction company, has contracted with Hawkesbury Shire Council to build a new bridge over the Hawkesbury River. One of the terms of the contract states that Sydney Engineers will complete the bridge within 2 years. The company estimates it will easily complete the project by working normal hours between 7am and 4pm Monday to Friday and, by avoiding overtime for longer shifts and weekend work, will make a large profit. Unfortunately, the state government is forced to close the road that services the bridge due to major landslips and flooding. This means that the engineers cannot deliver materials and equipment to the bridge for two months. Sydney Engineers now estimates that to complete the bridge within the agreed period it will have to work extended daily shifts for seven days per week. Because its wages bill will dramatically increase, Sydney Engineers now calculates that it will incur a small loss instead of that handsome profit it had anticipated. Sydney Engineers wants to be discharged from the contract and seeks yo advice. What will you tell them? Sydney Engineers wants to be discharged from the contract and seeks your advice. What will you tell them? a) What is the legal issue under common law? b) State in full the relevant common law rules. c) Name (with full case citation) a relevant case. d) What is your answer? i. Will Sydney Engineers win? Yes or No? ii. Explain your reason. e) Would your answer be different if, because of the road closure, Sydney Engineers cannot, under any circumstances, complete the project within the agreed time? Explain with reference to a case you have studied.

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