Task 1.9

Using the MBA Standard Trade Contract (see URL link in previous task), analyse the following two scenarios, to provide examples that explain 'breach of contract', repudiation and termination (Reference: https://legalvision.com.au/what-is-repudiation-of-a-contract/#:~:text=Repudiation%20of%20a%20contract%20occurs,their%20obligations%20under%20a%20contract.&text=The%20easiest%20example%20of%20repudiation,to%20an%20act%20of%20repudiation )

i.An electrical trade contractor has entered into a subcontract arrangement with you. The electrician elected to perform the work has fallen ill and will be off work for 3 months and is unable to complete the work.

a.Prior to the time at which the electrical work is required to be commenced, is there a breach of contract? Explain briefly

b.If the electrician does not inform you and fails to complete the work within the time agreed, is this a breach of contract? Explain briefly

c.If the electrician sub-lets the work to an associate outside of their company, is this a breach of the contract? Explain briefly.

d.The electrician informs you that she is unable to proceed with the contract. What is this called? What are your options in this case?

ii.You have subcontracted the internal wall linings to a wallboard fixer (plasterer). The plasterer orders the materials and has them delivered to the site. They make a progress claim for materials and delivery, but then do not return to the site to do the work.

a.Explain how this relates to the contract between you and the plasterer. using one or more of the terms breach, repudiation, termination)

b.What are your options (describe what you could do) for solving the problem(s) arising in this situation?