Zurina was searching for a venue for a bowling tournament to be held by her company on 15 August 2020. Zurina sent an email to Mr Tan Win, the owner of the"Sport Planet" to book a venue for the proposed tournament. The details of the event were as follows;

1. No. participants : 50 persons

2. Lanes needed : 10

3. Date : 15 August 2020

4. Time : 8 am to 1 pm

Mr Tan Win had agreed with the proposed details and as the representative of her company, Zurina paid the deposit for a sum of RM 1500 to Mr Tan Win whereas the balance was to be paid on the date of the event. On 15 August 2020, Sport Planet was not able to accommodate the tournament since the premise had been badly damaged due to a flash flood occurred a day before the tournament was scheduled to be held. The tournament was called off by Zurina's company. Zurina's company plan to sue Mr Tan Win for breach of contract when Mr Tan Win refused to refund the deposit paid.

Mr Tan Win claimed that the flood was out of his control therefore, he was entitled to keep the deposit. Discuss the position of the above contract. Support your answer with relevant provisions from Contracts Act 1950 and decided case law