Question
Your manufacturing business enters into a contract with XYZ Construction for the building of a new plant.Construction was to be completed within 2 years, that
Your manufacturing business enters into a contract with XYZ Construction for the building of a new plant.Construction was to be completed within 2 years, that is, no later than June 1, 2020.On Friday, October 13, 2019 the partially constructed plant burnt to the ground.XYZ Construction says that they will immediately restart construction; however, completion will be delayed until December 1, 2021, that is, 18 months past the original completion date.You are not happy and have lined up another construction company who says that they can complete construction by December 1, 2020 ie just 6 months late.You tell XYZ Construction that you have legal grounds to be released from the contract and are not going ahead. XYZ Construction sues you.
1What is the legal issue/question? (2 marks)
2.What is the rule of law/legal test?(1 mark)
3.Create an argument for the Plaintiff applying the rule of law/test to the facts
(1mark)
4.Create an argument for the Defendant applying the rule of law to the facts/test (1 mark)
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